NY State Senate Bill S7107B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (29)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 26, 2022	signed chap.481 delivered to governor
May 24, 2022	returned to senate passed assembly ordered to third reading rules cal.412 substituted for a8586b
May 16, 2022	referred to codes returned to assembly repassed senate
May 10, 2022	amended on third reading 7107b
May 10, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 24, 2022	referred to mental health delivered to assembly passed senate
Mar 21, 2022	amended on third reading 7107a
Feb 28, 2022	advanced to third reading
Feb 17, 2022	2nd report cal.
Feb 16, 2022	1st report cal.540
Jan 05, 2022	referred to disabilities returned to senate died in assembly
Jun 07, 2021	referred to mental health delivered to assembly passed senate
Jun 03, 2021	ordered to third reading cal.1510 committee discharged and committed to rules
Jun 01, 2021	referred to disabilities

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S7107 - Details

See Assembly Version of this Bill:: A8586
Law Section:: Mental Hygiene Law
Laws Affected:: Add Art 82 §§82.01 - 82.15, Ment Hyg L

S7107 - Summary

Relates to supported decision-making by people with intellectual, developmental, cognitive and psychosocial disabilities.

S7107 - Sponsor Memo

 
BILL NUMBER: S7107

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to supported deci-
sion-making by people with intellectual, developmental, cognitive and
psychosocial disabilities

 
PURPOSE OF THE BILL:

To add Article 82 to the Mental Hygiene Law, identifying Supported Deci-
sion-Making as a less restrictive alternative to guardianship and to
create additional support and autonomy to individuals needing assistance
to make decisions for themselves. Creates obligations and corresponding
immunity froms liability for third patties in order to effectuate
supported decisions made with a Supported Decision-Making Agreement.
Allows regulations to be promulgated by state agencies serving a myriad
of individuals who may benefit by less restrictive support, such as the
Office for People With Developmental Disabilities, Office of Children
and Family Services and the Office for the Aging.

 
SUMMARY OF PROVISIONS:

The fifteen proposed subdivisions, of Article 82 include:

(1) a legislative purpose preamble;
(2) definitions of terms used within the article;
(3) provisions defining the presumption of an adult's capacity to enter
into a supported decision-making agreement, and protections against
using the adult's interest in or execution of a supported decision-mak-
ing agreement as evidence of incapacity or the denial of services or
benefits;
(4) provisions defining the scope of the article, ensuring the continued
availability of advance directives and access to personal information,
preventing the participation of a supporter in conversations with third-
party professionals from constituting a waiver of professional evidenti-
ary privilege, and precluding the use of a supported decision-making
agreement as a condition of participation in any activity, service, or
program;
(5) provisions defining the duties, responsibilities, and authority of
supporters, and the limits of a supporter's role;
(6) provisions describing the formation requirements of a supported
decision-making agreement and setting the term of the agreement as
effective until revoked by the decision-maker;
(7) provisions on the requirements for revocation or amendment of a
supported decision-making agreement, allowing for liberal changes to be
made only by the decision-maker;
(8) limitations on the eligibility of supporters, and process for resig-
nation of a supporter;
(9) provisions describing the requirement of a facilitation process for
the extension of third-party obligations and liability protections;
(10) provisions describing the form a supported decision-making agree-
ment must take, including the additional requirements for extending
third-party obligations and liability protections;
(11) provisions describing the obligations on third parties to accept
decisions made in accordance with any supported decision-making agree-
ment that is validly executed follow a process of facilitation as

defined by regulations to be promulgated by the Office for People With
Developmental Disabilities;
(12) provisions limiting liability for third parties who accept deci-
sions made in accordance with any supported decision-making agreement
that was validly executed following a process of facilitation as defined
by regulations to be promulgated by the Office for People With Develop-
mental Disabilities;
(13) provisions allowing supporters to be designated by a supported
decision-making agreement as parties who must receive prescribed notice
by any agency, entity, or person in possession of the agreement, and
requiring additional releases to provide any form of notice that may
include protected information;
(14) provisions recognizing a third party's ability to report Suspected
abuse, coercion, undue influence, or financial exploitation, and ensur-
ing that nothing in article may be construed as limiting a person"s
existing duty-to report under any other statute or regulation;
(15) a direction to the Commissioner Of the Office for People With
Developmental Disabilities promulgate regulations necessary to implement
the article and to ensure the availability of supported decision-making
facilitation services required to extend the described third-party obli-
gations and protections, An additional provision to allow other agencies
whose service populations may benefit from supported decision-making to
promulgate regulations for its implementation.

 
JUSTIFICATION:

This legislation would encourage a means of supporting and accommodating
adults in the decision-making process allowing many the opportunity to
make, communicate, and effetcuate life decisions without impeding their
self-determination. As a less restrictive alternative to guardianship,
the bill would alleviate pressure on guardianship courts and state agen-
cies by promoting the autonomy of individuals with psychosocial, cogni-
tive, intellectual, and developmental disabilities. Moreover, by formal-
izing decision-making supports for individuals living in the community,
it would promote person centered care, and enable expanded efforts
towards de-institutionalization, as required by the Supreme Court's
decision in Olmstead v. LC.

 
PRIOR LEGISLATIVE HISTORY:

No similar proposals are known to have been introduced by the legisla-
ture.

 
FISCAL IMPLICATIONS:

The bill is expected to be fiscally-neurtal but has the potential for
fiscal savings by, reducing the number of guardianship petition's filed
under MHL Article 81 and SCPA Article 17-A as has been seen by certain
other states with equivalent legislation. A comprehensive study on the
potential for supported decision-making to provide long term fiscal
savings in New York is currently being conducted by consultancy firm
Stout Risius Ross.

 
EFFECTIVE DATE:
The act will take effect 90 days:from the date that the regulations
issued in accordance with th act appear in the stab, register, or the
date such regulations are adopted, whichever is later.

S7107 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7107
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Office for People with
   Developmental Disabilities) -- read twice  and  ordered  printed,  and
   when printed to be committed to the Committee on Disabilities
 
 AN  ACT  to amend the mental hygiene law, in relation to supported deci-
   sion-making by people with intellectual, developmental, cognitive  and
   psychosocial disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  article
 82 to read as follows:
                                 ARTICLE 82
                         SUPPORTED DECISION-MAKING
 SECTION 82.01 LEGISLATIVE FINDINGS AND PURPOSE.
         82.02 DEFINITIONS.
         82.03 PRESUMPTION OF CAPACITY.
         82.04 SCOPE.
         82.05 DUTIES, RESPONSIBILITIES, AND AUTHORITY OF SUPPORTERS.
         82.06 FORMATION AND TERM OF AGREEMENT.
         82.07 REVOCATION AND AMENDMENT OF AGREEMENT.
         82.08 ELIGIBILITY AND RESIGNATION OF SUPPORTERS.
         82.09 FACILITATION OF AGREEMENT.
         82.10 FORM OF AGREEMENT.
         82.11 LEGAL EFFECT OF DECISIONS MADE WITH SUPPORT AND THIRD-PAR-
                 TY OBLIGATIONS.
         82.12 LIMITATIONS ON LIABILITY.
         82.13 SUPPORTER NOTICE.
         82.14  REPORTING  ABUSE, COERCION, UNDUE INFLUENCE, OR FINANCIAL
                 EXPLOITATION.
         82.15 RULES AND REGULATIONS.
   § 82.01 LEGISLATIVE FINDINGS AND PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09657-01-1

 S. 7107                             2

   (A) THE LEGISLATURE FINDS THAT A PERSON'S  RIGHT  TO  MAKE  THEIR  OWN
 DECISIONS  IS  CRITICAL TO THEIR AUTONOMY AND SELF-DETERMINATION. PEOPLE
 WITH INTELLECTUAL, DEVELOPMENTAL, COGNITIVE AND  PSYCHOSOCIAL  DISABILI-
 TIES  ARE OFTEN DENIED THAT RIGHT BECAUSE OF STIGMA AND OUTDATED BELIEFS
 ABOUT  THEIR  CAPABILITY. THIS RIGHT IS DENIED, DESPITE THE REALITY THAT
 VERY FEW PEOPLE MAKE DECISIONS ENTIRELY  ON  THEIR  OWN.  EVERYONE  USES
 SUPPORTS,  AS  DO  PEOPLE  WITH  DISABILITIES; WHO MAY JUST NEED MORE OR
 DIFFERENT KINDS OF SUPPORTS.
   (B) THE LEGISLATURE FURTHER FINDS THAT THE, NOW WELL RECOGNIZED, PRAC-
 TICE OF SUPPORTED DECISION-MAKING IS A WAY IN WHICH PEOPLE WITH DISABIL-
 ITIES CAN MAKE THEIR OWN DECISIONS  WITH  THE  SUPPORT  THEY  NEED  FROM
 TRUSTED  PERSONS  IN THEIR LIVES, AND THAT SUPPORTED DECISION-MAKING CAN
 BE A LESS RESTRICTIVE  ALTERNATIVE  TO  GUARDIANSHIP.  RECOGNIZING  THAT
 SUPPORTED  DECISION-MAKING  CAN TAKE A VARIETY OF FORMS, THE LEGISLATURE
 FINDS THAT A MORE FORMAL PROCESS, RESULTING IN A SUPPORTED DECISION-MAK-
 ING AGREEMENT BETWEEN THE PERSON WITH A DISABILITY (THE  DECISION-MAKER)
 AND  THEIR  SUPPORTER OR SUPPORTERS, CAN PROVIDE THE BASIS FOR REQUIRING
 THIRD PARTIES, WHO MIGHT OTHERWISE QUESTION A  PERSON'S  LEGAL  CAPACITY
 BECAUSE  OF  THEIR  DISABILITY, TO RECOGNIZE THEIR DECISIONS ON THE SAME
 BASIS AS OTHERS, AND TO GRANT CORRESPONDING  IMMUNITY  TO  SUCH  PARTIES
 WHEN  THEY  DO  SO  IN  GOOD  FAITH.  WHEN  THIS  MORE FORMAL PROCESS IS
 FOLLOWED, PEOPLE WITH DISABILITIES CAN MAKE CHOICES CONFIDENT THAT  THEY
 WILL  BE RESPECTED BY OTHERS AND KNOWING THEY WILL BE SOLELY RESPONSIBLE
 FOR THEIR OWN DECISIONS.
   (C) THE LEGISLATURE FURTHER FINDS THAT SUPPORTED  DECISION-MAKING  AND
 SUPPORTED  DECISION-MAKING  AGREEMENTS  SHOULD  BE  ENCOURAGED  FOR MOST
 PERSONS WITH DISABILITIES, AND THAT THE EXECUTION OF A  SUPPORTED  DECI-
 SION-MAKING AGREEMENT SHOULD NOT DETRIMENTALLY IMPACT THE ELIGIBILITY OF
 A  PERSON  FOR  OTHER  SERVICES, INCLUDING ADULT PROTECTIVE SERVICES. AT
 PRESENT, THE LEGISLATURE FINDS THERE IS SUFFICIENT EVIDENCE OF THE MEANS
 OF PROVIDING SUPPORT TO  PERSONS  WITH  INTELLECTUAL  AND  DEVELOPMENTAL
 DISABILITIES,   AS  DEMONSTRATED,  FOR  EXAMPLE,  THROUGH  THE  RECENTLY
 COMPLETED FIVE-YEAR PILOT PROJECT FUNDED BY THE NEW YORK STATE  DEVELOP-
 MENTAL  DISABILITY  PLANNING COUNCIL, TO REQUIRE THIRD-PARTY RECOGNITION
 OF DECISIONS MADE PURSUANT TO SUPPORTED DECISION-MAKING AGREEMENTS  MADE
 THROUGH  A  PROCESS  OF  FACILITATION  FOR  THE DECISION-MAKER AND THEIR
 SUPPORTERS. WHERE PERSONS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILI-
 TIES  AND  THEIR  SUPPORTERS  RECEIVE  FACILITATION AND/OR EDUCATION, IN
 ACCORDANCE WITH REGULATIONS TO BE DRAFTED BY THE OFFICE FOR PEOPLE  WITH
 DEVELOPMENTAL DISABILITIES, THE LEGISLATURE WILL DEEM THEM TO HAVE LEGAL
 CAPACITY ON A BASIS EQUAL WITH ALL OTHERS.
   (D)  THE  LEGISLATURE  ALSO STRONGLY URGES RELEVANT STATE AGENCIES AND
 CIVIL SOCIETY TO RESEARCH AND DEVELOP APPROPRIATE AND EFFECTIVE MEANS OF
 SUPPORT FOR OLDER PERSONS WITH COGNITIVE DECLINE, PERSONS WITH TRAUMATIC
 BRAIN INJURIES, AND PERSONS WITH PSYCHOSOCIAL DISABILITIES, SO THAT FULL
 LEGISLATIVE RECOGNITION CAN ALSO BE ACCORDED TO THE DECISIONS MADE  WITH
 SUPPORTED  DECISION-MAKING  AGREEMENTS  BY PERSONS WITH SUCH CONDITIONS,
 BASED ON A CONSENSUS ABOUT WHAT KINDS OF SUPPORT ARE MOST EFFECTIVE  AND
 HOW THEY CAN BEST BE DELIVERED.
 § 82.02 DEFINITIONS.
   WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANING, UNLESS THE CONTEXT OR SUBJECT MATTER REQUIRES  A  DIFFERENT
 INTERPRETATION:
   (A)  "ABUSE"  ENCOMPASSES  PHYSICAL ABUSE, SEXUAL ABUSE, AND EMOTIONAL
 ABUSE, AS DEFINED IN SECTION FOUR HUNDRED SEVENTY-THREE  OF  THE  SOCIAL
 SERVICES LAW.

 S. 7107                             3
 
   (B) "ADULT" MEANS AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER.
   (C)  "ADVANCE  DIRECTIVE"  MEANS  A LEGALLY RECOGNIZED WRITTEN OR ORAL
 INSTRUCTION BY AN ADULT RELATING TO THE PROVISION OF HEALTH CARE TO  THE
 ADULT  IF  AND WHEN THEY BECOME INCAPACITATED, INCLUDING BUT NOT LIMITED
 TO A HEALTH CARE PROXY, A CONSENT TO THE ISSUANCE OF  AN  ORDER  NOT  TO
 RESUSCITATE  OR OTHER ORDERS FOR LIFE-SUSTAINING TREATMENT RECORDED IN A
 PATIENT'S MEDICAL RECORD,  OR  OTHER  LEGALLY-RECOGNIZED  STATEMENTS  OF
 WISHES OR BELIEFS.
   (D)  "DECISION-MAKER"  MEANS  AN  ADULT  WHO HAS EXECUTED, OR SEEKS TO
 EXECUTE, A SUPPORTED DECISION-MAKING AGREEMENT.
   (E) "FINANCIAL EXPLOITATION" HAS THE MEANING  GIVEN  IN  SECTION  FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (F) "GOOD FAITH" MEANS HONEST IN FACT AND IN THE OBSERVANCE OF REASON-
 ABLE STANDARDS OF FAIR DEALING.
   (G)  "NEGLECT" HAS THE MEANING DEFINED IN PARAGRAPH (D) OF SUBDIVISION
 ONE OF SECTION FOUR HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (H) "PHYSICAL COERCION"  MEANS  TO  PLACE  UNDER  DURESS,  MENACE,  OR
 THREATEN PHYSICAL VIOLENCE OR IMPRISONMENT.
   (I)  "SUPPORTED DECISION-MAKING" MEANS A WAY BY WHICH A DECISION-MAKER
 UTILIZES SUPPORT FROM TRUSTED PERSONS IN THEIR LIFE, IN  ORDER  TO  MAKE
 THEIR  OWN  DECISIONS  ABOUT  THEIR LIFE, INCLUDING, BUT NOT LIMITED TO,
 DECISIONS RELATED TO WHERE AND WITH WHOM  THE  DECISION-MAKER  WANTS  TO
 LIVE;  DECISIONS ABOUT FINANCES; THE SERVICES, SUPPORTS, AND HEALTH CARE
 THE DECISION-MAKER WANTS TO RECEIVE; AND WHERE THE DECISION-MAKER  WANTS
 TO WORK.
   (J)  "SUPPORTED DECISION-MAKING AGREEMENT" IS AN AGREEMENT A DECISION-
 MAKER ENTERS INTO WITH ONE OR MORE SUPPORTERS UNDER  THIS  SECTION  THAT
 DESCRIBES  HOW THE DECISION-MAKER USES SUPPORTED DECISION-MAKING TO MAKE
 THEIR OWN DECISIONS.
   (K) "SUPPORTER" MEANS AN ADULT WHO  HAS  VOLUNTARILY  ENTERED  INTO  A
 SUPPORTED  DECISION-MAKING  AGREEMENT WITH A DECISION-MAKER, AGREEING TO
 ASSIST THE DECISION-MAKER IN MAKING THEIR OWN DECISIONS AS PRESCRIBED BY
 THE SUPPORTED DECISION-MAKING AGREEMENT, AND WHO IS NOT INELIGIBLE UNDER
 SECTION 82.08 OF THIS ARTICLE.
   (L) "UNDUE INFLUENCE" MEANS MORAL OR MENTAL COERCION THAT LEADS  SOME-
 ONE TO CARRY OUT THE WISHES OF ANOTHER INSTEAD OF THEIR OWN BECAUSE THEY
 ARE UNABLE TO REFUSE OR RESIST.
 § 82.03  PRESUMPTION OF CAPACITY.
   (A) FOR THE PURPOSES OF THIS ARTICLE, EVERY ADULT SHALL BE PRESUMED TO
 HAVE  THE  CAPACITY TO ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT,
 UNLESS THAT ADULT HAS A LEGAL GUARDIAN, APPOINTED BY A COURT  OF  COMPE-
 TENT  JURISDICTION,  WHOSE  GRANTED  AUTHORITY  IS  IN CONFLICT WITH THE
 PROPOSED SUPPORTED DECISION-MAKING AGREEMENT. THIS  PRESUMPTION  MAY  BE
 REBUTTED ONLY BY CLEAR AND CONVINCING EVIDENCE.
   (B)  CAPACITY  SHALL  INCLUDE  CAPACITY  WITH  DECISION-MAKING SUPPORT
 AND/OR ACCOMMODATIONS.
   (C) A DIAGNOSIS OF INTELLECTUAL, DEVELOPMENTAL, OR OTHER DISABILITY OR
 CONDITION SHALL NOT CONSTITUTE EVIDENCE OF INCAPACITY.
   (D) THE MANNER IN WHICH AN ADULT COMMUNICATES WITH  OTHERS  SHALL  NOT
 CONSTITUTE EVIDENCE OF INCAPACITY.
   (E)  NO  PERSON  OR  COURT  MAY  USE  OR  CONSIDER  A DECISION-MAKER'S
 EXECUTION OF, OR WISH TO EXECUTE, A SUPPORTED DECISION-MAKING  AGREEMENT
 AS EVIDENCE THAT THE DECISION-MAKER LACKS CAPACITY, OR TO DENY THE DECI-
 SION-MAKER BENEFITS TO WHICH THEY ARE OTHERWISE ENTITLED.
   (F)  A  DECISION-MAKER  MAY  MAKE, CHANGE, OR REVOKE A SUPPORTED DECI-
 SION-MAKING AGREEMENT, IF THE DECISION-MAKER UNDERSTANDS THAT  THEY  ARE

 S. 7107                             4
 
 MAKING,  CHANGING, OR REVOKING AN AGREEMENT WITH THEIR CHOSEN SUPPORTERS
 AND THAT THEY ARE DOING SO VOLUNTARILY.
 § 82.04 SCOPE.
   (A)  IF A DECISION-MAKER VOLUNTARILY ENTERS INTO A SUPPORTED DECISION-
 MAKING AGREEMENT WITH ONE OR MORE SUPPORTERS, THE DECISION-MAKER MAY, IN
 THE AGREEMENT, AUTHORIZE THE SUPPORTER TO PROVIDE  SUPPORT  TO  THEM  IN
 MAKING  THEIR  OWN  DECISIONS  IN  AREAS THEY CHOOSE, INCLUDING, BUT NOT
 LIMITED TO: GATHERING INFORMATION, UNDERSTANDING AND INTERPRETING INFOR-
 MATION, WEIGHING OPTIONS AND   ALTERNATIVES TO A  DECISION,  CONSIDERING
 THE CONSEQUENCES OF MAKING A DECISION OR NOT MAKING IT, PARTICIPATING IN
 CONVERSATIONS  WITH  THIRD  PARTIES IF THE DECISION-MAKER IS PRESENT AND
 REQUESTS THEIR PARTICIPATION, COMMUNICATING THE  DECISION-MAKER'S  DECI-
 SION  TO  THIRD  PARTIES,  AND  PROVIDING  THE DECISION-MAKER SUPPORT IN
 IMPLEMENTING THE DECISION-MAKER'S DECISION.
   (B) NOTHING  IN  THIS  ARTICLE,  NOR  THE  EXISTENCE  OF  AN  EXECUTED
 SUPPORTED  DECISION-MAKING  AGREEMENT, SHALL PRECLUDE THE DECISION-MAKER
 FROM ACTING INDEPENDENTLY OF THE SUPPORTED DECISION-MAKING AGREEMENT  OR
 EXECUTING,  WITH  OR  WITHOUT  THE  ASSISTANCE  OF  SUPPORTERS  UNDER  A
 SUPPORTED DECISION-MAKING AGREEMENT, A POWER  OF  ATTORNEY  UNDER  TITLE
 FIFTEEN  OF  ARTICLE  FIVE  OF  THE GENERAL OBLIGATIONS LAW, HEALTH CARE
 PROXY UNDER ARTICLE TWENTY-NINE-C OF THE PUBLIC  HEALTH  LAW,  OR  OTHER
 ADVANCE DIRECTIVE.
   (C)  NOTWITHSTANDING  THE  EXISTENCE  OF  A  SUPPORTED DECISION-MAKING
 AGREEMENT, A DECISION-MAKER SHALL CONTINUE TO HAVE  UNRESTRICTED  ACCESS
 TO THEIR PERSONAL INFORMATION WITHOUT THE ASSISTANCE OF A SUPPORTER.
   (D)  NOTWITHSTANDING  THE  EXISTENCE  OF  A  SUPPORTED DECISION-MAKING
 AGREEMENT, A DECISION-MAKER MAY REQUEST AND RECEIVE ASSISTANCE IN MAKING
 ANY DECISION THAT IS NOT COVERED  UNDER  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT  AT  ANY  TIME AND FROM ANY PERSON, REGARDLESS OF WHETHER THAT
 PERSON IS DESIGNATED AS A SUPPORTER  IN  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT.
   (E)  A SUPPORTED DECISION-MAKING AGREEMENT MADE PURSUANT TO THIS ARTI-
 CLE MAY BE EVIDENCE THAT  THE  DECISION-MAKER  HAS  A  LESS  RESTRICTIVE
 ALTERNATIVE TO GUARDIANSHIP IN PLACE.
   (F) THE AVAILABILITY OF SUPPORTED DECISION-MAKING AGREEMENTS IS, IN NO
 WAY, INTENDED TO LIMIT THE INFORMAL USE OF SUPPORTED DECISION-MAKING, OR
 TO PRECLUDE JUDICIAL CONSIDERATION OF SUCH INFORMAL ARRANGEMENTS AS LESS
 RESTRICTIVE ALTERNATIVES TO GUARDIANSHIP.
   (G)  EXECUTION  OF  A SUPPORTED DECISION-MAKING AGREEMENT MAY NOT BE A
 CONDITION OF PARTICIPATION IN ANY ACTIVITY, SERVICE, OR PROGRAM.
   (H) IF A DECISION-MAKER SEEKS FROM ANY PERSON PROFESSIONAL ADVICE THAT
 WOULD BE OTHERWISE COVERED BY EVIDENTIARY PRIVILEGE IN  ACCORDANCE  WITH
 SECTIONS  FORTY-FIVE  HUNDRED THREE, FORTY-FIVE HUNDRED FOUR, FORTY-FIVE
 HUNDRED SEVEN, FORTY-FIVE HUNDRED EIGHT AND FORTY-FIVE  HUNDRED  TEN  OF
 THE CIVIL PRACTICE LAW AND RULES, THE INCLUSION IN THE CONVERSATION OF A
 SUPPORTER  AUTHORIZED  BY  THE  SUPPORTED  DECISION-MAKING  AGREEMENT TO
 PROVIDE SUPPORT IN THE  AREA  IN  WHICH  THE  DECISION-MAKER  SEEKS  THE
 PROFESSIONAL ADVICE SHALL NOT CONSTITUTE A WAIVER OF THAT PRIVILEGE.
   (I)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
 ING WITHIN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT ELIGIBILITY OF  A
 DECISION-MAKER  FOR RECEIPT OF SERVICES OR SUPPORTS THAT THEY WOULD HAVE
 OTHERWISE BEEN ENTITLED ABSENT ENTERING INTO A SUPPORTED DECISION-MAKING
 AGREEMENT UNDER THE PROVISIONS OF THIS ARTICLE.
 § 82.05 DUTIES, RESPONSIBILITIES, AND AUTHORITY OF SUPPORTERS.
   (A) A SUPPORTER MUST:

 S. 7107                             5
 
   1. RESPECT THE DECISION-MAKER'S RIGHT TO MAKE A  DECISION,  EVEN  WHEN
 THE  SUPPORTER  DISAGREES WITH THE DECISION OR BELIEVES IT IS NOT IN THE
 DECISION-MAKER'S BEST INTERESTS;
   2. ACT HONESTLY, DILIGENTLY, AND IN GOOD FAITH;
   3.  ACT WITHIN THE SCOPE SET FORTH IN THE EXECUTED SUPPORTED DECISION-
 MAKING AGREEMENT;
   4. AVOID CONFLICTS OF INTEREST; AND
   5. NOTIFY THE DECISION-MAKER IN WRITING, AND IN  A  MANNER  THE  DECI-
 SION-MAKER  CAN  UNDERSTAND,  OF  THE  SUPPORTER'S INTENT TO RESIGN AS A
 SUPPORTER.
   (B) A SUPPORTER IS PROHIBITED FROM:
   1. MAKING DECISIONS FOR  THE  DECISION-MAKER,  EXCEPT  TO  THE  EXTENT
 OTHERWISE GRANTED IN AN ADVANCE DIRECTIVE;
   2. EXERTING UNDUE INFLUENCE UPON THE DECISION-MAKER;
   3. PHYSICALLY COERCING THE DECISION-MAKER;
   4.  OBTAINING,  WITHOUT THE CONSENT OF THE DECISION-MAKER, INFORMATION
 ACQUIRED FOR A PURPOSE OTHER THAN ASSISTING THE DECISION-MAKER IN MAKING
 A DECISION AUTHORIZED BY THE SUPPORTED DECISION-MAKING AGREEMENT; AND
   5. OBTAINING,  WITHOUT  THE  CONSENT  OF  THE  DECISION-MAKER,  OR  AS
 EXPRESSLY GRANTED BY THE SUPPORTED DECISION-MAKING AGREEMENT, AND ACCOM-
 PANIED  BY  AN  APPROPRIATE  RELEASE,  NONPUBLIC PERSONAL INFORMATION AS
 DEFINED IN 15 U.S.C. § 6809(4)(A), OR CLINICAL  RECORDS  OR  INFORMATION
 UNDER SUBDIVISION (C) OF SECTION OF 33.13 OF THIS CHAPTER.
   (C)  THE  RELATIONSHIP BETWEEN A DECISION-MAKER AND A SUPPORTER IS ONE
 OF TRUST AND CONFIDENCE  AND  SERVES  TO  PRESERVE  THE  DECISION-MAKING
 AUTHORITY OF THE DECISION-MAKER.
   (D)  A  SUPPORTER  SHALL  NOT  BE CONSIDERED A SURROGATE OR SUBSTITUTE
 DECISION MAKER FOR THE DECISION-MAKER AND SHALL NOT HAVE  THE  AUTHORITY
 TO  SIGN  LEGAL  DOCUMENTS  ON  BEHALF OF THE DECISION-MAKER OR BIND THE
 DECISION-MAKER TO A LEGAL AGREEMENT,  BUT  MAY,  IF  SUCH  AUTHORITY  IS
 EXPRESSLY  GRANTED  IN  THE SUPPORTED DECISION-MAKING AGREEMENT, PROVIDE
 CO-SIGNATURE TOGETHER WITH THE DECISION-MAKER ACKNOWLEDGING THE  RECEIPT
 OF  STATEMENTS OF RIGHTS AND RESPONSIBILITIES IN ORDER TO PERMIT PARTIC-
 IPATION IN SUCH PROGRAMS  OR  ACTIVITIES  THAT  THE  DECISION-MAKER  HAS
 COMMUNICATED A CHOICE TO PARTICIPATE IN.
   (E)  IF  EXPRESSLY GRANTED BY THE SUPPORTED DECISION-MAKING AGREEMENT,
 AND THE DECISION-MAKER HAS SIGNED AN APPROPRIATE RELEASE, THE  SUPPORTER
 MAY ASSIST THE DECISION-MAKER IN OBTAINING EDUCATIONAL RECORDS UNDER THE
 FAMILY  EDUCATIONAL  RIGHTS AND PRIVACY ACT OF 1974 (20 U.S.C. § 1232G),
 PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY  AND
 ACCOUNTABILITY  ACT  OF  1996  (45 CFR §§ 164.502, 164.508), OR CLINICAL
 RECORDS AND INFORMATION UNDER SUBDIVISION (C) OF SECTION 33.13  OF  THIS
 CHAPTER.
   (F)  A  SUPPORTER  SHALL  ENSURE THE INFORMATION UNDER THIS SECTION IS
 KEPT PRIVILEGED AND CONFIDENTIAL, AS APPLICABLE, AND IS NOT  SUBJECT  TO
 UNAUTHORIZED ACCESS, USE, OR DISCLOSURE.
 § 82.06 FORMATION AND TERM OF AGREEMENT.
   (A)  AN  ADULT MAY ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT AT
 ANY TIME IF THE ADULT ENTERS INTO THE AGREEMENT VOLUNTARILY.
   (B) A DECISION-MAKER MAY SIGN A SUPPORTED DECISION-MAKING AGREEMENT IN
 ANY MANNER, INCLUDING  ELECTRONIC  SIGNATURES  PERMITTED  UNDER  ARTICLE
 THREE OF THE STATE TECHNOLOGY LAW.
   (C)  A SUPPORTED DECISION-MAKING AGREEMENT FORMED UNDER THE PROVISIONS
 OF THIS ARTICLE SHALL REMAIN IN EFFECT UNLESS AND UNTIL REVOKED  BY  THE
 DECISION-MAKER.
 § 82.07 REVOCATION AND AMENDMENT OF AGREEMENT.

 S. 7107                             6
 
   (A)  THE  DECISION-MAKER  MAY  REVOKE ALL OR PART OF A SUPPORTED DECI-
 SION-MAKING AGREEMENT BY NOTIFYING THE SUPPORTERS ORALLY OR IN  WRITING,
 OR  BY ANY OTHER ACT EVINCING A SPECIFIC INTENT TO REVOKE THE AGREEMENT.
 THE FAILURE OF THE DECISION-MAKER TO NOTIFY SUPPORTERS SHALL NOT INVALI-
 DATE  THE  REVOCATION  OF  ALL  OR PART OF THE SUPPORTED DECISION-MAKING
 AGREEMENT.
   (B) A DECISION-MAKER MAY AMEND A SUPPORTED  DECISION-MAKING  AGREEMENT
 AT ANY TIME FOR ANY REASON, SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
 THE  DECISION-MAKER SHALL NOTIFY ALL SUPPORTERS OF ANY AMENDMENT MADE TO
 THE SUPPORTED DECISION-MAKING AGREEMENT, BUT THE FAILURE TO DO SO  SHALL
 NOT INVALIDATE THE AMENDMENT.
 § 82.08 ELIGIBILITY AND RESIGNATION OF SUPPORTERS.
   (A) A SUPPORTER SHALL BE ANY ADULT CHOSEN BY THE DECISION-MAKER.
   (B)  AN  INDIVIDUAL  WHO HAS BEEN CHOSEN BY THE DECISION-MAKER TO BE A
 SUPPORTER, OR WHO HAS ENTERED INTO A SUPPORTED DECISION-MAKING AGREEMENT
 AS A SUPPORTER SHALL BE DEEMED INELIGIBLE TO ACT, CONTINUE TO  SERVE  AS
 SUPPORTER UPON THE OCCURRENCE OF ANY OF THE FOLLOWING:
   1.  A COURT AUTHORIZES A PROTECTIVE ORDER OR RESTRAINING ORDER AGAINST
 THE SUPPORTER ON REQUEST OF OR ON BEHALF OF THE DECISION-MAKER; OR
   2. THE LOCAL DEPARTMENT OF SOCIAL SERVICES HAS FOUND THAT THE SUPPORT-
 ER HAS COMMITTED ABUSE, NEGLECT,  FINANCIAL  EXPLOITATION,  OR  PHYSICAL
 COERCION AGAINST THE DECISION-MAKER AS SUCH TERMS ARE DEFINED IN SECTION
 82.02 OF THIS ARTICLE.
   (C)  A  SUPPORTER MAY RESIGN AS SUPPORTER BY WRITTEN OR ORAL NOTICE TO
 THE DECISION-MAKER AND THE REMAINING SUPPORTERS. IF THE SUPPORTED  DECI-
 SION-MAKING  AGREEMENT INCLUDES MORE THAN ONE SUPPORTER OR IS AMENDED TO
 REPLACE THE SUPPORTER WHO HAS RESIGNED,  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT SHALL SURVIVE FOR SUPPORTERS WHO HAVE NOT RESIGNED AS SUPPORT-
 ERS, UNLESS IT IS OTHERWISE REVOKED UNDER THIS SECTION.
   (D) IF A SUPPORTER WITH WHOM A DECISION-MAKER ENTERED INTO A SUPPORTED
 DECISION-MAKING AGREEMENT BECOMES INELIGIBLE TO SERVE AS SUPPORTER UNDER
 SUBDIVISION  (B) OF THIS SECTION, OR RESIGNS AS SUPPORTER UNDER SUBDIVI-
 SION (C) OF THIS SECTION, AND THE  DECISION-MAKER  DOES  NOT  AMEND  THE
 SUPPORTED  DECISION-MAKING  AGREEMENT  TO  DESIGNATE  A REPLACEMENT, THE
 SUPPORTED DECISION-MAKING AGREEMENT SHALL BE CONSIDERED TERMINATED AS TO
 THE ROLE OF THE INELIGIBLE OR RESIGNED SUPPORTER, BUT SHALL CONTINUE  TO
 HAVE EFFECT AS TO ANY OTHER DESIGNATED SUPPORTERS.
 § 82.09 FACILITATION OF AGREEMENT.
   THE  PROVISIONS  OF  SECTION 82.11 AND SUBDIVISIONS (B) THROUGH (D) OF
 SECTION 82.12 OF THIS ARTICLE SHALL ONLY APPLY IN CIRCUMSTANCES WHERE  A
 DECISION  IS  MADE  BY  A  DECISION-MAKER WHO RECEIVES OR IS ELIGIBLE TO
 RECEIVE SERVICES THAT ARE OPERATED, CERTIFIED, FUNDED OR APPROVED BY THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  PURSUANT  TO  A
 SUPPORTED DECISION-MAKING AGREEMENT MADE IN ACCORDANCE WITH THIS ARTICLE
 AND  FOLLOWING  A  RECOGNIZED  SUPPORTED DECISION-MAKING FACILITATION OR
 EDUCATION PROCESS AS DEFINED AND PRESCRIBED BY  REGULATIONS  PROMULGATED
 BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
 § 82.10 FORM OF AGREEMENT.
   (A)  A SUPPORTED DECISION-MAKING AGREEMENT MAY BE IN ANY FORM CONSIST-
 ENT WITH THE REQUIREMENTS SET FORTH IN THIS ARTICLE.
   (B) A SUPPORTED DECISION-MAKING AGREEMENT MUST:
   1. BE IN WRITING;
   2. BE DATED;
   3. DESIGNATE THE DECISION-MAKER, AND AT LEAST ONE SUPPORTER;
   4. LIST THE CATEGORIES OF DECISIONS WITH WHICH A SUPPORTER IS  AUTHOR-
 IZED TO ASSIST THE DECISION-MAKER;

 S. 7107                             7
 
   5.  LIST  THE  KINDS  OF SUPPORT THAT EACH SUPPORTER MAY GIVE FOR EACH
 AREA IN WHICH THEY ARE DESIGNATED AS A SUPPORTER;
   6. CONTAIN AN ATTESTATION THAT THE SUPPORTERS AGREE TO HONOR THE RIGHT
 OF  THE DECISION-MAKER TO MAKE THEIR OWN DECISIONS IN THE WAYS AND AREAS
 SPECIFIED IN THE AGREEMENT, RESPECT THE DECISION-MAKER'S DECISIONS, AND,
 FURTHER, THAT THEY WILL NOT MAKE DECISIONS FOR THE DECISION-MAKER;
   7. STATE THAT THE DECISION-MAKER MAY  CHANGE,  AMEND,  OR  REVOKE  THE
 SUPPORTED  DECISION-MAKING AGREEMENT AT ANY TIME FOR ANY REASON, SUBJECT
 TO THE REQUIREMENTS OF SECTION 82.06 OF THIS ARTICLE;
   8. BE SIGNED BY ALL DESIGNATED SUPPORTERS; AND
   9. BE EXECUTED OR ENDORSED BY THE DECISION-MAKER IN THE PRESENCE OF AT
 LEAST TWO ADULT WITNESSES WHO ARE NOT ALSO DESIGNATED AS SUPPORTERS,  OR
 WITH THE ATTESTATION OF A NOTARY PUBLIC.
   (C) A SUPPORTED DECISION-MAKING AGREEMENT MAY:
   1. APPOINT MORE THAN ONE SUPPORTER;
   2.  AUTHORIZE  A SUPPORTER TO OBTAIN PERSONAL INFORMATION AS DESCRIBED
 IN SUBDIVISION (E) OF SECTION 82.05 OF THIS ARTICLE;
   3. AUTHORIZE A SUPPORTER TO SHARE INFORMATION WITH ANY OTHER SUPPORTER
 OR OTHERS NAMED IN THE AGREEMENT; OR
   4. DETAIL ANY OTHER LIMITATIONS ON THE SCOPE  OF  A  SUPPORTER'S  ROLE
 THAT THE DECISION-MAKER DEEMS IMPORTANT.
   (D)  IN  ORDER  TO  BE  SUBJECT TO THE PROVISIONS OF SECTION 82.11 AND
 SUBDIVISIONS (B) THROUGH  (D)  OF  SECTION  82.12  OF  THIS  ARTICLE,  A
 SUPPORTED DECISION-MAKING AGREEMENT MUST ALSO:
   1. BE SIGNED BY A FACILITATOR OR EDUCATOR;
   2.  INCLUDE  A  STATEMENT THAT THE SUPPORTED DECISION-MAKING AGREEMENT
 WAS MADE IN ACCORDANCE WITH A RECOGNIZED FACILITATION  AND/OR  EDUCATION
 PROCESS; AND
   3.  INCLUDE  AN  ATTACHED  ATTESTATION  BY  THE  DECISION-MAKER THAT A
 PARTICULAR DECISION  HAS  BEEN  MADE  IN  ACCORDANCE  WITH  THE  SUPPORT
 DESCRIBED IN THE SUPPORTED DECISION-MAKING AGREEMENT.
 § 82.11 LEGAL  EFFECT  OF  DECISIONS  MADE  WITH SUPPORT AND THIRD-PARTY
           OBLIGATIONS.
   (A) THIS SECTION SHALL APPLY ONLY TO  DECISIONS  MADE  BY  ADULTS  WHO
 RECEIVE  OR  ARE  ELIGIBLE TO RECEIVE SERVICES THAT ARE OPERATED, CERTI-
 FIED, FUNDED OR APPROVED BY THE OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES,  AND PURSUANT TO SUPPORTED DECISION-MAKING AGREEMENTS MADE
 IN ACCORDANCE WITH THIS ARTICLE AND  FOLLOWING  A  RECOGNIZED  SUPPORTED
 DECISION-MAKING  FACILITATION  OR  EDUCATION  PROCESS,  AS PRESCRIBED BY
 REGULATIONS GOVERNING THE FACILITATION AND EDUCATION  PROCESSES  PROMUL-
 GATED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   (B)  A  DECISION  OR  REQUEST MADE OR COMMUNICATED BY A DECISION-MAKER
 WITH THE ASSISTANCE OF A SUPPORTER IN ACCORDANCE WITH THE PROVISIONS  OF
 A  SUPPORTED  DECISION-MAKING  AGREEMENT MUST, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, BE RECOGNIZED AS THE DECISION OR REQUEST OF THE  DECI-
 SION-MAKER AND MAY BE ENFORCED BY THE DECISION-MAKER IN LAW OR EQUITY ON
 THE SAME BASIS AS  ALL OTHERS.
   (C)  A  PERSON,  ENTITY,  OR  AGENCY REQUIRED TO RECOGNIZE AND HONOR A
 DECISION MADE PURSUANT TO A SUPPORTED DECISION-MAKING AGREEMENT  AUTHOR-
 IZED  BY  THIS  SECTION  MAY  REQUIRE  THE  DECISION-MAKER TO EXECUTE OR
 ENDORSE AN ATTESTATION, AS PROVIDED IN PARAGRAPH  THREE  OF  SUBDIVISION
 (D)  OF SECTION 82.10 OF THIS ARTICLE, AS A CONDITION OF RECOGNIZING AND
 HONORING THE DECISION.
   (D) A PERSON, ENTITY, OR AGENCY THAT RECEIVES  A  SUPPORTED  DECISION-
 MAKING  AGREEMENT  MUST  HONOR  A  DECISION  MADE IN ACCORDANCE WITH THE
 AGREEMENT, UNLESS THE PERSON, ENTITY, OR AGENCY HAS SUBSTANTIAL CAUSE TO

 S. 7107                             8
 
 BELIEVE THE SUPPORTED DECISION-MAKING AGREEMENT HAS BEEN REVOKED, OR THE
 DECISION-MAKER IS BEING ABUSED, COERCED, UNDULY  INFLUENCED,  OR  FINAN-
 CIALLY  EXPLOITED  BY THE SUPPORTER, OR THAT THE DECISION WILL CAUSE THE
 DECISION-MAKER SUBSTANTIAL AND IMMINENT PHYSICAL OR FINANCIAL HARM.
 § 82.12 LIMITATIONS ON LIABILITY.
   (A)  SUBDIVISIONS (B), (C) AND (D) OF THIS SECTION SHALL APPLY ONLY TO
 DECISIONS MADE BY ADULTS WHO RECEIVE OR ARE ELIGIBLE TO RECEIVE SERVICES
 THAT ARE OPERATED, CERTIFIED, FUNDED  OR  APPROVED  BY  THE  OFFICE  FOR
 PEOPLE  WITH DEVELOPMENTAL DISABILITIES, AND PURSUANT TO SUPPORTED DECI-
 SION-MAKING AGREEMENTS MADE IN ACCORDANCE WITH THIS ARTICLE AND  FOLLOW-
 ING  A  RECOGNIZED  SUPPORTED  DECISION-MAKING FACILITATION OR EDUCATION
 PROCESS, AS PRESCRIBED BY REGULATIONS  GOVERNING  THE  FACILITATION  AND
 EDUCATION  PROCESSES  PROMULGATED BY THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES.
   (B) A PERSON SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL  LIABILITY  AND
 SHALL  NOT  BE DETERMINED TO HAVE ENGAGED IN PROFESSIONAL MISCONDUCT FOR
 AN ACT OR OMISSION IF THE ACT OR OMISSION IS DONE IN GOOD FAITH  AND  IN
 RELIANCE  ON  A  DECISION  MADE  BY AN DECISION-MAKER PURSUANT TO A DULY
 EXECUTED SUPPORTED DECISION-MAKING AGREEMENT  MADE  IN  ACCORDANCE  WITH
 THIS ARTICLE.
   (C)  ANY  HEALTH  CARE PROVIDER THAT PROVIDES HEALTH CARE BASED ON THE
 CONSENT OF A DECISION-MAKER, GIVEN WITH SUPPORT OR  ASSISTANCE  PROVIDED
 THROUGH  A  DULY  EXECUTED  SUPPORTED DECISION-MAKING AGREEMENT, MADE IN
 ACCORDANCE WITH THIS ARTICLE, SHALL BE IMMUNE FROM ANY  ACTION  ALLEGING
 THAT  THE  DECISION-MAKER  LACKED  CAPACITY  TO PROVIDE INFORMED CONSENT
 UNLESS THE ENTITY, CUSTODIAN, OR ORGANIZATION HAD  ACTUAL  KNOWLEDGE  OR
 NOTICE THAT THE DECISION-MAKER HAD REVOKED THE SUPPORTED DECISION-MAKING
 AGREEMENT, OR THAT THE SUPPORTER HAD COMMITTED ABUSE, PHYSICAL COERCION,
 UNDUE  INFLUENCE, OR FINANCIAL EXPLOITATION WITH RESPECT TO THE DECISION
 TO GRANT CONSENT.
   (D) ANY PUBLIC OR PRIVATE  ENTITY,  CUSTODIAN,  OR  ORGANIZATION  THAT
 DISCLOSES PERSONAL INFORMATION ABOUT A DECISION-MAKER IN RELIANCE ON THE
 TERMS  OF  A  DULY  EXECUTED SUPPORTED DECISION-MAKING AGREEMENT MADE IN
 ACCORDANCE WITH THIS ARTICLE, TO A SUPPORTER AUTHORIZED BY THE TERMS  OF
 THE  SUPPORTED DECISION-MAKING AGREEMENT TO ASSIST THE DECISION-MAKER IN
 ACCESSING, COLLECTING, OR OBTAINING THAT INFORMATION  UNDER  SUBDIVISION
 (E)  OF  SECTION  82.05  OF THIS ARTICLE SHALL BE IMMUNE FROM ANY ACTION
 ALLEGING THAT IT IMPROPERLY OR UNLAWFULLY DISCLOSED SUCH INFORMATION  TO
 THE  SUPPORTER  UNLESS THE ENTITY, CUSTODIAN, OR ORGANIZATION HAD ACTUAL
 KNOWLEDGE THAT DECISION-MAKER HAD REVOKED SUCH AUTHORIZATION.
   (E) THIS SECTION MAY NOT BE CONSTRUED TO PROVIDE IMMUNITY FROM ACTIONS
 ALLEGING THAT A HEALTH CARE PROVIDER HAS DONE ANY OF THE FOLLOWING:
   1. CAUSED PERSONAL INJURY AS A RESULT OF  A  NEGLIGENT,  RECKLESS,  OR
 INTENTIONAL ACT;
   2. ACTED INCONSISTENTLY WITH THE EXPRESSED WISHES OF A DECISION-MAKER;
   3.  FAILED  TO  PROVIDE  INFORMATION TO EITHER DECISION-MAKER OR THEIR
 SUPPORTER THAT WOULD BE NECESSARY FOR INFORMED CONSENT; OR
   4. OTHERWISE ACTED INCONSISTENTLY WITH APPLICABLE LAW.
   (F) THE EXISTENCE  OR  AVAILABILITY  OF  A  SUPPORTED  DECISION-MAKING
 AGREEMENT  DOES  NOT  RELIEVE  A HEALTH CARE PROVIDER OF ANY LEGAL OBLI-
 GATION TO PROVIDE SERVICES TO INDIVIDUALS WITH  DISABILITIES,  INCLUDING
 THE  OBLIGATION  TO  PROVIDE REASONABLE ACCOMMODATIONS OR AUXILIARY AIDS
 AND SERVICES, INCLUDING, BUT NOT LIMITED TO, INTERPRETATION SERVICES AND
 COMMUNICATION SUPPORTS TO INDIVIDUALS WITH DISABILITIES UNDER THE FEDER-
 AL AMERICANS WITH DISABILITIES ACT (42 U.S.C. § 12101).
 § 82.13 SUPPORTER NOTICE.

 S. 7107                             9
 
   (A) IF ANY STATE OR MUNICIPAL LAW REQUIRES THAT AN AGENCY, ENTITY,  OR
 PERSON  PROVIDE A PRESCRIBED NOTICE TO A DECISION-MAKER, AND THE AGENCY,
 ENTITY, OR PERSON  REQUIRED  TO  PROVIDE  SUCH  NOTICE  HAS  RECEIVED  A
 SUPPORTED DECISION-MAKING AGREEMENT FROM A DECISION-MAKER THAT SPECIFIES
 THAT  A SUPPORTER IS ALSO TO RECEIVE A COPY OF ANY SUCH NOTICE, THEN THE
 AGENCY, ENTITY, OR PERSON IN POSSESSION OF THE SUPPORTED DECISION-MAKING
 AGREEMENT SHALL ALSO PROVIDE THE SPECIFIED SUPPORTER WITH A COPY OF SUCH
 NOTICE.
   (B) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, IF ANY STATE OR
 MUNICIPAL LAW REQUIRES THAT AN  AGENCY,  ENTITY,  OR  PERSON  PROVIDE  A
 PRESCRIBED NOTICE TO A DECISION-MAKER AND SUCH NOTICE INCLUDES PROTECTED
 INFORMATION, INCLUDING PRIVATE HEALTH INFORMATION OR EDUCATIONAL RECORDS
 PROTECTED  BY STATE OR FEDERAL LAW, SUCH NOTICE SHALL NOT BE PROVIDED TO
 THE SPECIFIED SUPPORTER UNLESS THE SUPPORTED  DECISION-MAKING  AGREEMENT
 IS  ACCOMPANIED  BY  A  RELEASE  AUTHORIZING  THE SPECIFIED SUPPORTER TO
 OBTAIN THE PROTECTED INFORMATION.
 § 82.14 REPORTING ABUSE, COERCION, UNDUE INFLUENCE, OR FINANCIAL EXPLOI-
           TATION.
   (A) ANY PERSON WHO RECEIVES A COPY OF OR AN ORIGINAL  SUPPORTED  DECI-
 SION-MAKING  AGREEMENT  AND  HAS  CAUSE TO BELIEVE THE DECISION-MAKER IS
 BEING ABUSED, PHYSICALLY COERCED, OR FINANCIALLY EXPLOITED BY A SUPPORT-
 ER, MAY REPORT  THE  ALLEGED  ABUSE,  PHYSICAL  COERCION,  OR  FINANCIAL
 EXPLOITATION  TO  ADULT  PROTECTIVE  SERVICES  PURSUANT  TO SECTION FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (B) NOTHING IN THIS SECTION MAY BE CONSTRUED AS ELIMINATING OR  LIMIT-
 ING  A PERSON'S DUTY OR REQUIREMENT TO REPORT UNDER ANY OTHER STATUTE OR
 REGULATION.
 § 82.15 RULES AND REGULATIONS.
   (A) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES SHALL PROMULGATE WITHIN ONE YEAR OF THE PASSAGE OF THIS ACT THE
 RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS ARTICLE FOR ADULTS WHO
 RECEIVE OR ARE ELIGIBLE TO RECEIVE SERVICES THAT  ARE  OPERATED,  CERTI-
 FIED,  FUNDED  OR  APPROVED  BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.
   (B) FURTHER REGULATIONS RELATED TO THIS ARTICLE MAY BE PROMULGATED  BY
 STATE  AGENCIES WHOSE SERVICE POPULATIONS MAY BENEFIT FROM THE IMPLEMEN-
 TATION OF SUPPORTED DECISION-MAKING.
   § 2. This act shall take effect ninety days from  the  date  that  the
 regulations  issued in accordance with section one of this act appear in
 the New York State Register, or the date such regulations  are  adopted,
 whichever  is  later; and   provided   that the   commissioner of mental
 hygiene shall notify the legislative bill drafting commission  upon  the
 occurrence  of  the  appearance of the regulations in the New York State
 Register  or  the date such regulations are adopted, whichever is later,
 in order that the commission may maintain an accurate and timely  effec-
 tive  data  base  of the official text of  laws  of  the  state  of  New
 York in furtherance of effecting the  provisions of section  44  of  the
 legislative law and section 70-b of  the public officers law.

Co-Sponsors

S7107A - Details

See Assembly Version of this Bill:: A8586
Law Section:: Mental Hygiene Law
Laws Affected:: Add Art 82 §§82.01 - 82.15, Ment Hyg L

S7107A - Summary

Relates to supported decision-making by people with intellectual, developmental, cognitive and psychosocial disabilities.

S7107A - Sponsor Memo

 
BILL NUMBER: S7107A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to supported deci-
sion-making by people with intellectual, developmental, cognitive and
psychosocial disabilities

 
PURPOSE OF THE BILL:

This proposed legislation would add Article 82 to the Mental Hygiene
Law, creating Supported Decision-Making as a less restrictive alterna-
tive to guardianship. To promote autonomy and self-determination, this
bill would legally recognize Supported Decision-Making Agreements,
allowing for decision-making supports to be formalized by individuals in
need of assistance in making decisions for themselves. It would create
obligations and corresponding immunity from liability for third parties
in order to effectuate supported decisions made in accordance with a
Supported Decision-Making Agreement. The bill would authorize the Office
for People with Developmental Disabilities to promulgate implementation
regulations and would also allow for regulations to be promulgated by
other state agencies serving a myriad of individuals who may also bene-

fit by less restrictive decision-making support, such as the Office of
Children and Family Services, Office of Mental Health, State Education
Department, and the Office for the Aging.

 
SUMMARY OF PROVISIONS:

The fifteen proposed subdivisions of Article 82 include:

(1) a legislative purpose preamble;

(2) definitions of terms used within the article;

(3) provisions defining the presumption of an adult's capacity to enter
into a supported decision-making agreement, and protections against
using the adult's interest in or execution of a supported decision-mak-
ing agreement as evidence of incapacity or the denial of services or
benefits;

(4) provisions defining the scope of the article, ensuring the continued
availability of advance directives and access to personal information,
preventing the participation of a supporter in conversations with third-
party professionals from constituting a waiver of professional evidenti-
ary privilege, and precluding the use of a supported decision-making
agreement as a condition of participation in any activity, service, or
program;

(5) provisions defining the duties, responsibilities, and authority of
supporters, and the limits of a supporter's role;

(6) provisions describing the formation requirements of a supported
decision-making agreement and setting the term of the agreement as
effective until revoked by the decision-maker;

(7) provisions on the requirements for revocation or amendment of a
supported decision-making agreement, allowing for liberal changes to be
made only by the decision-maker;
(8) limitations on the eligibility of supporters, and process for resig-
nation of a supporter;

(9) provisions describing the requirement of a facilitation process for
the extension of third-party obligations and liability protections;

(10) provisions describing the form a supported decision-making agree-
ment must take, including the additional requirements for extending
third-party obligations and liability protections;

(11) provisions describing the obligations on third parties to accept
decisions made in accordance with any supported decision-making agree-
ment that is validly executed following a process of facilitation as
defined by regulations to be promulgated by the Office for People With
Developmental Disabilities;

(12) provisions limiting liability for third parties who accept deci-
sions made in accordance with any supported decision-making agreement
that was validly executed following a process of facilitation as defined
by regulations to be promulgated by the Office for People With Develop-
mental Disabilities;

(13) provisions allowing supporters to be designated by a supported
decision-making agreement as parties who must receive prescribed notice
by any agency, entity, or person in possession of the agreement, and
requiring additional releases to provide any form of notice that may
include protected information;

(14) provisions recognizing a third party's ability to report suspected
abuse, coercion, undue influence, or financial exploitation, and ensur-
ing that nothing in the article may be construed as limiting a person's
existing duty to report under any other statute or regulation;

(15) a direction to the Commissioner of the Office for People With
Developmental Disabilities to promulgate regulations necessary to imple-
ment the article and to ensure the availability of supported decision-
making facilitation services required to extend the described third-par-
ty obligations and protections. An additional provision to allow other
agencies whose service populations may benefit from supported decision-
making to promulgate regulations for its implementation.

 
JUSTIFICATION:

This legislation would encourage a means of supporting and accommodating
adults in the decision-making process, allowing many the opportunity to
make, communicate, and effectuate life decisions without impeding their
self-determination. As a less restrictive alternative to guardianship,
the bill would alleviate pressure on guardianship courts and state agen-
cies by promoting the autonomy of individuals with, intellectual, devel-
opmental, psychosocial, and cognitive disabilities. Moreover, by formal-
izing decision-making supports for individuals living in the community,
it would promote person centered care and individual civil rights and
enable expanded efforts towards deinstitutionalization as required by
the Supreme Court's decision in Olmstead v. LC.

OPWDD consulted with Supported Decision-Making New York (SDMNY) on the
drafting of this bill. SDMNY administers the 5-year Supported Decision-
Making pilot program in New York in partnership with The Arc Westches-
ter, New York Alliance for Inclusion & Innovation, Disability Rights New
York, and CUNY Hunter College's Silberman School of Social Work. The
pilot is funded in part by grants from the New York State Developmental
Disability Planning Council and the Ford Foundation.  Though not direct-
ly consulted in the drafting of this bill, The New York City Bar Associ-
ation Committee on Disability Rights has voiced support for supported
decision-making legislation in New York, as has the Self-Advocacy Asso-
ciation of New York State. More broadly, the American Civil Liberties
Union, the Autistic Self Advocacy Network, the Vera Institute for
Justice, the National Disability Rights Network, and the Burton Blatt
Institute at Syracuse University College of Law, among others, have
expressed support for continued supported decision-making legislative
efforts around the country, including in New York State.

 
PRIOR LEGISLATIVE HISTORY:

An earlier version of this bill was proposed in the 2021 legislative
session and passed unanimously in the Senate as sponsored by Senator
John Mannion (S.7107). It did not leave committee in the Assembly before
the 2021 legislative session concluded. The bill has recently been
introduced in the Assembly by Assembly member Simon (A8586).  This
year's proposal includes amendments to the previous session's bill text,
intended to address certain concerns raised by stakeholder groups and
state entities.

 
FISCAL IMPLICATIONS:

This bill is expected to be fiscally neutral but has the potential for
fiscal savings by reducing the number of guardianship petitions filed
under MHL Article 81 and SCPA Article 17-A, as has been seen by certain
other states with equivalent legislation. A comprehensive study on the
potential for supported decision-making to provide long term fiscal
savings in New York is currently being conducted by consultancy firm
Stout Risius Ross.

 
EFFECTIVE DATE:
This act shall take effect ninety days from the date that the regu-
lations issued in accordance with this act appear in the New York State
Register, or the date such regulations are adopted, whichever is later;
and provided that the commissioner of mental hygiene shall notify the
legislative bill drafting commission upon the occurrence of the appear-
ance of the regulations in the New York State Register or the date such
regulations are adopted, whichever is later, in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of laws of the state of New York in furtherance of effect-
ing the provisions of section 44 of the legislative law and section 70-b
of the public officers law.

S7107A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7107--A
     Cal. No. 540
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Office for People with
   Developmental Disabilities) -- read twice  and  ordered  printed,  and
   when  printed  to  be  committed  to  the Committee on Disabilities --
   recommitted to the Committee on Disabilities in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the mental hygiene law, in relation to  supported  deci-
   sion-making  by people with intellectual, developmental, cognitive and
   psychosocial disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new article
 82 to read as follows:
                                 ARTICLE 82
                         SUPPORTED DECISION-MAKING
 SECTION 82.01 LEGISLATIVE FINDINGS AND PURPOSE.
         82.02 DEFINITIONS.
         82.03 PRESUMPTION OF CAPACITY.
         82.04 SCOPE.
         82.05 DUTIES, RESPONSIBILITIES, AND AUTHORITY OF SUPPORTERS.
         82.06 FORMATION AND TERM OF AGREEMENT.
         82.07 REVOCATION AND AMENDMENT OF AGREEMENT.
         82.08 ELIGIBILITY AND RESIGNATION OF SUPPORTERS.
         82.09 FACILITATION OF AGREEMENT.
         82.10 FORM OF AGREEMENT.
         82.11 LEGAL EFFECT OF DECISIONS MADE WITH SUPPORT AND THIRD-PAR-
                 TY OBLIGATIONS.
         82.12 LIMITATIONS ON LIABILITY.
         82.13 SUPPORTER NOTICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09657-04-2

 S. 7107--A                          2
 
         82.14 REPORTING ABUSE, COERCION, UNDUE INFLUENCE,  OR  FINANCIAL
                 EXPLOITATION.
         82.15 RULES AND REGULATIONS.
   § 82.01 LEGISLATIVE FINDINGS AND PURPOSE.
   (A)  THE  LEGISLATURE  FINDS  THAT  A PERSON'S RIGHT TO MAKE THEIR OWN
 DECISIONS IS CRITICAL TO THEIR AUTONOMY AND  SELF-DETERMINATION.  PEOPLE
 WITH  INTELLECTUAL,  DEVELOPMENTAL, COGNITIVE AND PSYCHOSOCIAL DISABILI-
 TIES ARE OFTEN DENIED THAT RIGHT BECAUSE OF STIGMA AND OUTDATED  BELIEFS
 ABOUT  THEIR  CAPABILITY. THIS RIGHT IS DENIED, DESPITE THE REALITY THAT
 VERY FEW PEOPLE MAKE DECISIONS ENTIRELY  ON  THEIR  OWN.  EVERYONE  USES
 SUPPORTS,  AS  DO  PEOPLE  WITH  DISABILITIES; WHO MAY JUST NEED MORE OR
 DIFFERENT KINDS OF SUPPORTS.
   (B) THE LEGISLATURE FURTHER FINDS THAT THE, NOW WELL RECOGNIZED, PRAC-
 TICE OF SUPPORTED DECISION-MAKING IS A WAY IN  WHICH  MANY  PEOPLE  WITH
 DISABILITIES  CAN  MAKE  THEIR  OWN DECISIONS WITH THE SUPPORT THEY NEED
 FROM TRUSTED PERSONS IN THEIR LIVES, AND THAT SUPPORTED  DECISION-MAKING
 CAN  BE A LESS RESTRICTIVE ALTERNATIVE TO GUARDIANSHIP. RECOGNIZING THAT
 SUPPORTED DECISION-MAKING CAN TAKE A VARIETY OF FORMS,  THE  LEGISLATURE
 FINDS THAT A MORE FORMAL PROCESS, RESULTING IN A SUPPORTED DECISION-MAK-
 ING  AGREEMENT BETWEEN THE PERSON WITH A DISABILITY (THE DECISION-MAKER)
 AND THEIR SUPPORTER OR SUPPORTERS, CAN PROVIDE THE BASIS  FOR  REQUIRING
 THIRD  PARTIES,  WHO  MIGHT OTHERWISE QUESTION A PERSON'S LEGAL CAPACITY
 BECAUSE OF THEIR DISABILITY, TO RECOGNIZE THEIR DECISIONS  ON  THE  SAME
 BASIS  AS  OTHERS,  AND  TO GRANT CORRESPONDING IMMUNITY TO SUCH PARTIES
 WHEN THEY DO SO  IN  GOOD  FAITH.  WHEN  THIS  MORE  FORMAL  PROCESS  IS
 FOLLOWED,  PEOPLE WITH DISABILITIES CAN MAKE CHOICES CONFIDENT THAT THEY
 WILL BE RESPECTED BY OTHERS AND KNOWING THEY WILL BE SOLELY  RESPONSIBLE
 FOR THEIR OWN DECISIONS.
   (C)  THE  LEGISLATURE FURTHER FINDS THAT SUPPORTED DECISION-MAKING AND
 SUPPORTED DECISION-MAKING AGREEMENTS SHOULD BE ENCOURAGED WHEN APPROPRI-
 ATE FOR PERSONS WITH DISABILITIES, AND THAT THE EXECUTION OF A SUPPORTED
 DECISION-MAKING AGREEMENT SHOULD NOT DETRIMENTALLY IMPACT THE  ELIGIBIL-
 ITY OF A PERSON FOR OTHER SERVICES, INCLUDING ADULT PROTECTIVE SERVICES.
 AT  PRESENT,  THE  LEGISLATURE FINDS THERE IS SUFFICIENT EVIDENCE OF THE
 MEANS OF PROVIDING SUPPORT TO PERSONS  WITH  INTELLECTUAL  AND  DEVELOP-
 MENTAL  DISABILITIES, AS DEMONSTRATED, FOR EXAMPLE, THROUGH THE RECENTLY
 COMPLETED FIVE-YEAR PILOT PROJECT FUNDED BY THE NEW YORK STATE  DEVELOP-
 MENTAL  DISABILITY  PLANNING COUNCIL, TO REQUIRE THIRD-PARTY RECOGNITION
 OF DECISIONS MADE PURSUANT TO SUPPORTED DECISION-MAKING AGREEMENTS  MADE
 THROUGH  A  PROCESS  OF  FACILITATION  FOR  THE DECISION-MAKER AND THEIR
 SUPPORTERS. WHERE PERSONS WITH INTELLECTUAL OR  DEVELOPMENTAL  DISABILI-
 TIES  AND  THEIR SUPPORTERS RECEIVE FACILITATION AND/OR EDUCATION IN THE
 CREATION OF A SUPPORTED DECISION-MAKING AGREEMENT,  IN  ACCORDANCE  WITH
 REGULATIONS  TO  BE  DRAFTED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES, THE LEGISLATURE WILL NOW FORMALLY  RECOGNIZE  THEIR  LEGAL
 CAPACITY TO MAKE DECISIONS ON A BASIS EQUAL WITH ALL OTHERS.
   (D)  THE  LEGISLATURE  ALSO STRONGLY URGES RELEVANT STATE AGENCIES AND
 CIVIL SOCIETY TO RESEARCH AND DEVELOP APPROPRIATE AND EFFECTIVE MEANS OF
 SUPPORT FOR OLDER PERSONS WITH COGNITIVE DECLINE, PERSONS WITH TRAUMATIC
 BRAIN INJURIES, AND PERSONS WITH PSYCHOSOCIAL DISABILITIES, SO THAT FULL
 LEGISLATIVE RECOGNITION CAN ALSO BE ACCORDED TO THE DECISIONS MADE  WITH
 SUPPORTED  DECISION-MAKING  AGREEMENTS  BY PERSONS WITH SUCH CONDITIONS,
 BASED ON A CONSENSUS ABOUT WHAT KINDS OF SUPPORT ARE MOST EFFECTIVE  AND
 HOW THEY CAN BEST BE DELIVERED.
 § 82.02 DEFINITIONS.
 S. 7107--A                          3
 
   WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANING, UNLESS THE CONTEXT OR SUBJECT MATTER REQUIRES  A  DIFFERENT
 INTERPRETATION:
   (A)  "ABUSE"  ENCOMPASSES  PHYSICAL ABUSE, SEXUAL ABUSE, AND EMOTIONAL
 ABUSE, AS DEFINED IN SECTION FOUR HUNDRED SEVENTY-THREE  OF  THE  SOCIAL
 SERVICES LAW.
   (B) "ADULT" MEANS AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER.
   (C)  "ADVANCE  DIRECTIVE"  MEANS  A LEGALLY RECOGNIZED WRITTEN OR ORAL
 INSTRUCTION BY AN ADULT RELATING TO THE PROVISION OF HEALTH CARE TO  THE
 ADULT  IF  AND WHEN THEY BECOME INCAPACITATED, INCLUDING BUT NOT LIMITED
 TO A HEALTH CARE PROXY, A CONSENT TO THE ISSUANCE OF  AN  ORDER  NOT  TO
 RESUSCITATE  OR OTHER ORDERS FOR LIFE-SUSTAINING TREATMENT RECORDED IN A
 PATIENT'S MEDICAL RECORD,  OR  OTHER  LEGALLY-RECOGNIZED  STATEMENTS  OF
 WISHES OR BELIEFS.
   (D)  "DECISION-MAKER"  MEANS  AN  ADULT  WHO HAS EXECUTED, OR SEEKS TO
 EXECUTE, A SUPPORTED DECISION-MAKING AGREEMENT.
   (E) "FINANCIAL EXPLOITATION" HAS THE MEANING  GIVEN  IN  SECTION  FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (F) "GOOD FAITH" MEANS HONEST IN FACT AND IN THE OBSERVANCE OF REASON-
 ABLE STANDARDS OF FAIR DEALING.
   (G)  "NEGLECT" HAS THE MEANING DEFINED IN PARAGRAPH (D) OF SUBDIVISION
 ONE OF SECTION FOUR HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (H) "PHYSICAL COERCION"  MEANS  TO  PLACE  UNDER  DURESS,  MENACE,  OR
 THREATEN PHYSICAL VIOLENCE OR IMPRISONMENT.
   (I)  "SUPPORTED DECISION-MAKING" MEANS A WAY BY WHICH A DECISION-MAKER
 UTILIZES SUPPORT FROM TRUSTED PERSONS IN THEIR LIFE, IN  ORDER  TO  MAKE
 THEIR  OWN  DECISIONS  ABOUT  THEIR LIFE, INCLUDING, BUT NOT LIMITED TO,
 DECISIONS RELATED TO WHERE AND WITH WHOM  THE  DECISION-MAKER  WANTS  TO
 LIVE;  DECISIONS ABOUT FINANCES; THE SERVICES, SUPPORTS, AND HEALTH CARE
 THE DECISION-MAKER WANTS TO RECEIVE; AND WHERE THE DECISION-MAKER  WANTS
 TO WORK.
   (J)  "SUPPORTED DECISION-MAKING AGREEMENT" IS AN AGREEMENT A DECISION-
 MAKER ENTERS INTO WITH ONE OR MORE SUPPORTERS UNDER  THIS  SECTION  THAT
 DESCRIBES  HOW THE DECISION-MAKER USES SUPPORTED DECISION-MAKING TO MAKE
 THEIR OWN DECISIONS.
   (K) "SUPPORTER" MEANS AN ADULT WHO  HAS  VOLUNTARILY  ENTERED  INTO  A
 SUPPORTED  DECISION-MAKING  AGREEMENT WITH A DECISION-MAKER, AGREEING TO
 ASSIST THE DECISION-MAKER IN MAKING THEIR OWN DECISIONS AS PRESCRIBED BY
 THE SUPPORTED DECISION-MAKING AGREEMENT, AND WHO IS NOT INELIGIBLE UNDER
 SECTION 82.08 OF THIS ARTICLE.
   (L) "UNDUE INFLUENCE" MEANS MORAL OR MENTAL COERCION THAT LEADS  SOME-
 ONE TO CARRY OUT THE WISHES OF ANOTHER INSTEAD OF THEIR OWN BECAUSE THEY
 ARE UNABLE TO REFUSE OR RESIST.
 § 82.03  PRESUMPTION OF CAPACITY.
   (A) FOR THE PURPOSES OF THIS ARTICLE, EVERY ADULT SHALL BE PRESUMED TO
 HAVE  THE  CAPACITY TO ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT,
 UNLESS THAT ADULT HAS A LEGAL GUARDIAN, APPOINTED BY A COURT  OF  COMPE-
 TENT  JURISDICTION,  WHOSE  GRANTED  AUTHORITY  IS  IN CONFLICT WITH THE
 PROPOSED SUPPORTED DECISION-MAKING AGREEMENT. THIS  PRESUMPTION  MAY  BE
 REBUTTED ONLY BY CLEAR AND CONVINCING EVIDENCE.
   (B)  CAPACITY  SHALL  INCLUDE  CAPACITY  WITH  DECISION-MAKING SUPPORT
 AND/OR ACCOMMODATIONS.
   (C) A DIAGNOSIS OF INTELLECTUAL, DEVELOPMENTAL, OR OTHER DISABILITY OR
 CONDITION SHALL NOT CONSTITUTE EVIDENCE OF INCAPACITY.
   (D) THE MANNER IN WHICH AN ADULT COMMUNICATES WITH  OTHERS  SHALL  NOT
 CONSTITUTE EVIDENCE OF INCAPACITY.
 S. 7107--A                          4
 
   (E)  NEITHER THE EXECUTION OF A SUPPORTED DECISION-MAKING AGREEMENT BY
 AN INDIVIDUAL, NOR THE INTEREST IN OR WISH TO EXECUTE A SUPPORTED  DECI-
 SION-MAKING AGREEMENT BY AN INDIVIDUAL, NOR THE FAILURE OF AN INDIVIDUAL
 TO  EXECUTE A SUPPORTED DECISION-MAKING AGREEMENT MAY BE USED OR CONSID-
 ERED  AS  EVIDENCE  THAT  THE  INDIVIDUAL LACKS CAPACITY, OR TO DENY THE
 DECISION-MAKER BENEFITS TO WHICH THEY ARE OTHERWISE ENTITLED,  INCLUDING
 ADULT PROTECTIVE SERVICES.
   (F)  A DECISION-MAKER MAY MAKE AND EXECUTE A SUPPORTED DECISION-MAKING
 AGREEMENT, IF THE DECISION-MAKER UNDERSTANDS THAT THEY  ARE  MAKING  AND
 EXECUTING  AN  AGREEMENT  WITH THEIR CHOSEN SUPPORTERS AND THAT THEY ARE
 DOING SO VOLUNTARILY.
 § 82.04 SCOPE.
   (A) IF A DECISION-MAKER VOLUNTARILY ENTERS INTO A SUPPORTED  DECISION-
 MAKING AGREEMENT WITH ONE OR MORE SUPPORTERS, THE DECISION-MAKER MAY, IN
 THE  AGREEMENT,  AUTHORIZE  THE  SUPPORTER TO PROVIDE SUPPORT TO THEM IN
 MAKING THEIR OWN DECISIONS IN AREAS  THEY  CHOOSE,  INCLUDING,  BUT  NOT
 LIMITED TO: GATHERING INFORMATION, UNDERSTANDING AND INTERPRETING INFOR-
 MATION,  WEIGHING  OPTIONS AND   ALTERNATIVES TO A DECISION, CONSIDERING
 THE CONSEQUENCES OF MAKING A DECISION OR NOT MAKING IT, PARTICIPATING IN
 CONVERSATIONS WITH THIRD PARTIES IF THE DECISION-MAKER  IS  PRESENT  AND
 REQUESTS  THEIR  PARTICIPATION, COMMUNICATING THE DECISION-MAKER'S DECI-
 SION TO THIRD PARTIES IF THE  DECISION-MAKER  IS  PRESENT  AND  REQUESTS
 THEIR  PARTICIPATION, AND PROVIDING THE DECISION-MAKER SUPPORT IN IMPLE-
 MENTING THE DECISION-MAKER'S DECISION.
   (B) NOTHING  IN  THIS  ARTICLE,  NOR  THE  EXISTENCE  OF  AN  EXECUTED
 SUPPORTED  DECISION-MAKING  AGREEMENT, SHALL PRECLUDE THE DECISION-MAKER
 FROM ACTING INDEPENDENTLY OF THE SUPPORTED DECISION-MAKING AGREEMENT  OR
 EXECUTING,  WITH  OR  WITHOUT  THE  ASSISTANCE  OF  SUPPORTERS  UNDER  A
 SUPPORTED DECISION-MAKING AGREEMENT, A POWER  OF  ATTORNEY  UNDER  TITLE
 FIFTEEN  OF  ARTICLE  FIVE  OF  THE GENERAL OBLIGATIONS LAW, HEALTH CARE
 PROXY UNDER ARTICLE TWENTY-NINE-C OF THE PUBLIC  HEALTH  LAW,  OR  OTHER
 ADVANCE DIRECTIVE.
   (C)  NOTWITHSTANDING  THE  EXISTENCE  OF  A  SUPPORTED DECISION-MAKING
 AGREEMENT, A DECISION-MAKER SHALL CONTINUE TO HAVE  UNRESTRICTED  ACCESS
 TO THEIR PERSONAL INFORMATION WITHOUT THE ASSISTANCE OF A SUPPORTER.
   (D)  NOTWITHSTANDING  THE  EXISTENCE  OF  A  SUPPORTED DECISION-MAKING
 AGREEMENT, A DECISION-MAKER MAY REQUEST AND RECEIVE ASSISTANCE IN MAKING
 ANY DECISION THAT IS NOT COVERED  UNDER  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT  AT  ANY  TIME AND FROM ANY PERSON, REGARDLESS OF WHETHER THAT
 PERSON IS DESIGNATED AS A SUPPORTER  IN  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT.
   (E)  A SUPPORTED DECISION-MAKING AGREEMENT MADE PURSUANT TO THIS ARTI-
 CLE MAY BE EVIDENCE THAT  THE  DECISION-MAKER  HAS  A  LESS  RESTRICTIVE
 ALTERNATIVE TO GUARDIANSHIP IN PLACE.
   (F)  THE  AVAILABILITY  OF SUPPORTED DECISION-MAKING AGREEMENTS IS NOT
 INTENDED TO LIMIT THE INFORMAL USE OF SUPPORTED DECISION-MAKING,  OR  TO
 PRECLUDE  JUDICIAL  CONSIDERATION  OF SUCH INFORMAL ARRANGEMENTS AS LESS
 RESTRICTIVE ALTERNATIVES TO GUARDIANSHIP.
   (G) EXECUTION OF A SUPPORTED DECISION-MAKING AGREEMENT MAY  NOT  BE  A
 CONDITION OF PARTICIPATION IN ANY ACTIVITY, SERVICE, OR PROGRAM.
   (H) IF A DECISION-MAKER SEEKS FROM ANY PERSON PROFESSIONAL ADVICE THAT
 WOULD  BE  OTHERWISE COVERED BY EVIDENTIARY PRIVILEGE IN ACCORDANCE WITH
 SECTIONS FORTY-FIVE HUNDRED THREE, FORTY-FIVE HUNDRED  FOUR,  FORTY-FIVE
 HUNDRED  SEVEN,  FORTY-FIVE  HUNDRED EIGHT AND FORTY-FIVE HUNDRED TEN OF
 THE CIVIL PRACTICE LAW AND RULES, THE INCLUSION IN THE CONVERSATION OF A
 SUPPORTER AUTHORIZED  BY  THE  SUPPORTED  DECISION-MAKING  AGREEMENT  TO
 S. 7107--A                          5
 
 PROVIDE  SUPPORT  IN  THE  AREA  IN  WHICH  THE DECISION-MAKER SEEKS THE
 PROFESSIONAL ADVICE SHALL NOT CONSTITUTE A WAIVER OF THAT PRIVILEGE.
   (I)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
 ING WITHIN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT ELIGIBILITY OF  A
 DECISION-MAKER  FOR RECEIPT OF SERVICES OR SUPPORTS THAT THEY WOULD HAVE
 OTHERWISE BEEN ENTITLED, INCLUDING  ADULT  PROTECTIVE  SERVICES,  ABSENT
 ENTERING INTO A SUPPORTED DECISION-MAKING AGREEMENT UNDER THE PROVISIONS
 OF THIS ARTICLE.
 § 82.05 DUTIES, RESPONSIBILITIES, AND AUTHORITY OF SUPPORTERS.
   (A) A SUPPORTER MUST:
   1.  RESPECT  THE  DECISION-MAKER'S RIGHT TO MAKE A DECISION, EVEN WHEN
 THE SUPPORTER DISAGREES WITH THE DECISION OR BELIEVES IT IS NOT  IN  THE
 DECISION-MAKER'S BEST INTERESTS;
   2. ACT HONESTLY, DILIGENTLY, AND IN GOOD FAITH;
   3.  ACT WITHIN THE SCOPE SET FORTH IN THE EXECUTED SUPPORTED DECISION-
 MAKING AGREEMENT;
   4. AVOID CONFLICTS OF INTEREST; AND
   5. NOTIFY THE DECISION-MAKER IN WRITING, AND IN  A  MANNER  THE  DECI-
 SION-MAKER  CAN  UNDERSTAND,  OF  THE  SUPPORTER'S INTENT TO RESIGN AS A
 SUPPORTER.
   (B) A SUPPORTER IS PROHIBITED FROM:
   1. MAKING DECISIONS FOR  THE  DECISION-MAKER,  EXCEPT  TO  THE  EXTENT
 OTHERWISE GRANTED IN AN ADVANCE DIRECTIVE;
   2. EXERTING UNDUE INFLUENCE UPON THE DECISION-MAKER;
   3. PHYSICALLY COERCING THE DECISION-MAKER;
   4.  OBTAINING,  WITHOUT THE CONSENT OF THE DECISION-MAKER, INFORMATION
 ACQUIRED FOR A PURPOSE OTHER THAN ASSISTING THE DECISION-MAKER IN MAKING
 A DECISION AUTHORIZED BY THE SUPPORTED DECISION-MAKING AGREEMENT;
   5. OBTAINING,  WITHOUT  THE  CONSENT  OF  THE  DECISION-MAKER,  OR  AS
 EXPRESSLY GRANTED BY THE SUPPORTED DECISION-MAKING AGREEMENT, AND ACCOM-
 PANIED  BY  AN  APPROPRIATE  RELEASE,  NONPUBLIC PERSONAL INFORMATION AS
 DEFINED IN 15 U.S.C. § 6809(4)(A), OR CLINICAL  RECORDS  OR  INFORMATION
 UNDER SUBDIVISION (C) OF SECTION 33.13 OF THIS CHAPTER; AND
   6.  COMMUNICATING A DECISION-MAKER'S DECISION TO A THIRD-PARTY WITHOUT
 THE PARTICIPATION AND PRESENCE OF THE DECISION-MAKER.
   (C) THE RELATIONSHIP BETWEEN A DECISION-MAKER AND A SUPPORTER  IS  ONE
 OF  TRUST  AND  CONFIDENCE  AND  SERVES  TO PRESERVE THE DECISION-MAKING
 AUTHORITY OF THE DECISION-MAKER.
   (D) A SUPPORTER SHALL NOT BE  CONSIDERED  A  SURROGATE  OR  SUBSTITUTE
 DECISION  MAKER  FOR THE DECISION-MAKER AND SHALL NOT HAVE THE AUTHORITY
 TO SIGN LEGAL DOCUMENTS ON BEHALF OF  THE  DECISION-MAKER  OR  BIND  THE
 DECISION-MAKER  TO  A  LEGAL  AGREEMENT,  BUT  MAY, IF SUCH AUTHORITY IS
 EXPRESSLY GRANTED IN THE SUPPORTED  DECISION-MAKING  AGREEMENT,  PROVIDE
 CO-SIGNATURE  TOGETHER WITH THE DECISION-MAKER ACKNOWLEDGING THE RECEIPT
 OF STATEMENTS OF RIGHTS AND RESPONSIBILITIES IN ORDER TO PERMIT  PARTIC-
 IPATION  IN  SUCH  PROGRAMS  OR  ACTIVITIES  THAT THE DECISION-MAKER HAS
 COMMUNICATED A CHOICE TO PARTICIPATE IN.
   (E) IF EXPRESSLY GRANTED BY THE SUPPORTED  DECISION-MAKING  AGREEMENT,
 AND  THE DECISION-MAKER HAS SIGNED AN APPROPRIATE RELEASE, THE SUPPORTER
 MAY ASSIST THE DECISION-MAKER IN OBTAINING EDUCATIONAL RECORDS UNDER THE
 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (20 U.S.C.  §  1232G),
 PROTECTED  HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND
 ACCOUNTABILITY ACT OF  1996  (45  CFR  §§  164.502,  164.508),  CLINICAL
 RECORDS  AND  INFORMATION UNDER SUBDIVISION (C) OF SECTION 33.13 OF THIS
 CHAPTER, OR PATIENT INFORMATION UNDER  SUBDIVISIONS  TWO  AND  THREE  OF
 SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW.
 S. 7107--A                          6
 
   (F)  A  SUPPORTER SHALL ENSURE THE INFORMATION OBTAINED UNDER SUBDIVI-
 SION (E) OF THIS SECTION IS KEPT PRIVILEGED AND CONFIDENTIAL, AS  APPLI-
 CABLE, AND IS NOT SUBJECT TO UNAUTHORIZED ACCESS, USE, OR DISCLOSURE.
 § 82.06 FORMATION AND TERM OF AGREEMENT.
   (A)  AN  ADULT MAY ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT AT
 ANY TIME IF THE ADULT ENTERS INTO THE AGREEMENT VOLUNTARILY.
   (B) A DECISION-MAKER MAY SIGN A SUPPORTED DECISION-MAKING AGREEMENT IN
 ANY MANNER, INCLUDING  ELECTRONIC  SIGNATURES  PERMITTED  UNDER  ARTICLE
 THREE OF THE STATE TECHNOLOGY LAW.
   (C)  A SUPPORTED DECISION-MAKING AGREEMENT FORMED UNDER THE PROVISIONS
 OF THIS ARTICLE SHALL REMAIN IN EFFECT UNLESS AND UNTIL REVOKED  BY  THE
 DECISION-MAKER.
 § 82.07 REVOCATION AND AMENDMENT OF AGREEMENT.
   (A)  THE  DECISION-MAKER  MAY  REVOKE ALL OR PART OF A SUPPORTED DECI-
 SION-MAKING AGREEMENT BY NOTIFYING THE SUPPORTERS ORALLY OR IN  WRITING,
 OR  BY ANY OTHER ACT EVINCING A SPECIFIC INTENT TO REVOKE THE AGREEMENT.
 THE FAILURE OF THE DECISION-MAKER TO NOTIFY SUPPORTERS SHALL NOT INVALI-
 DATE THE REVOCATION OF ALL OR  PART  OF  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT.
   (B)  A  DECISION-MAKER MAY AMEND A SUPPORTED DECISION-MAKING AGREEMENT
 AT ANY TIME FOR ANY REASON, SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
 THE DECISION-MAKER SHALL NOTIFY ALL SUPPORTERS OF ANY AMENDMENT MADE  TO
 THE  SUPPORTED DECISION-MAKING AGREEMENT, BUT THE FAILURE TO DO SO SHALL
 NOT INVALIDATE THE AMENDMENT.
 § 82.08 ELIGIBILITY AND RESIGNATION OF SUPPORTERS.
   (A) A SUPPORTER SHALL BE ANY ADULT CHOSEN BY  THE  DECISION-MAKER;  IF
 THE  SUPPORTER CHOSEN BY THE DECISION-MAKER IS AN EMPLOYEE OF A PROVIDER
 FROM WHOM THE DECISION-MAKER RECEIVES SERVICES,  THE  EMPLOYEE  AND  THE
 PROVIDER SHALL FOLLOW THE REQUIREMENTS SET OUT IN REGULATIONS PROMULGAT-
 ED  BY  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR OTHER
 APPROPRIATE REGULATORY BODY  WHICH  ADDRESS  THOSE  CIRCUMSTANCES,  WITH
 ATTENTION  PAID  TO  RELATIVE  LABOR  LAW AND EMPLOYMENT OBLIGATIONS AND
 POSSIBLE CONFLICTS OF INTEREST OR THE APPEARANCE OF A CONFLICT OF INTER-
 EST.
   (B) AN INDIVIDUAL WHO HAS BEEN CHOSEN BY THE DECISION-MAKER  TO  BE  A
 SUPPORTER, OR WHO HAS ENTERED INTO A SUPPORTED DECISION-MAKING AGREEMENT
 AS  A SUPPORTER, SHALL BE DEEMED INELIGIBLE TO ACT, OR CONTINUE TO SERVE
 AS SUPPORTER UPON THE OCCURRENCE OF ANY OF THE FOLLOWING:
   1. A COURT AUTHORIZES A PROTECTIVE ORDER OR RESTRAINING ORDER  AGAINST
 THE SUPPORTER ON REQUEST OF OR ON BEHALF OF THE DECISION-MAKER; OR
   2. THE LOCAL DEPARTMENT OF SOCIAL SERVICES HAS FOUND THAT THE SUPPORT-
 ER  HAS  COMMITTED  ABUSE,  NEGLECT, FINANCIAL EXPLOITATION, OR PHYSICAL
 COERCION AGAINST THE DECISION-MAKER AS SUCH TERMS ARE DEFINED IN SECTION
 82.02 OF THIS ARTICLE.
   (C) A SUPPORTER MAY RESIGN AS SUPPORTER BY WRITTEN OR ORAL  NOTICE  TO
 THE DECISION-MAKER AND THE REMAINING SUPPORTERS.
   (D)  IF THE SUPPORTED DECISION-MAKING AGREEMENT INCLUDES MORE THAN ONE
 SUPPORTER OR IS AMENDED TO REPLACE THE SUPPORTER WHO IS INELIGIBLE UNDER
 SUBDIVISION (B) OF THIS SECTION OR RESIGNS UNDER SUBDIVISION (C) OF THIS
 SECTION, THE SUPPORTED DECISION-MAKING AGREEMENT SHALL SURVIVE  FOR  THE
 REMAINING SUPPORTERS, UNLESS IT IS OTHERWISE REVOKED UNDER SECTION 82.07
 OF THIS ARTICLE.
   (E)  IF  THE SUPPORTED DECISION-MAKING AGREEMENT DOES NOT INCLUDE MORE
 THAN ONE SUPPORTER, AND IS NOT AMENDED  TO  REPLACE  THE  SUPPORTER  WHO
 BECOMES  INELIGIBLE  UNDER  SUBDIVISION  (B)  OF THIS SECTION OR RESIGNS
 S. 7107--A                          7
 
 UNDER SUBDIVISION (C) OF THIS  SECTION,  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT SHALL BE CONSIDERED TERMINATED.
 § 82.09 FACILITATION OF AGREEMENT.
   THE  PROVISIONS  OF  SECTION 82.11 AND SUBDIVISIONS (B) THROUGH (D) OF
 SECTION 82.12 OF THIS ARTICLE SHALL ONLY APPLY IN CIRCUMSTANCES WHERE  A
 DECISION  IS  MADE BY A DECISION-MAKER PURSUANT TO A SUPPORTED DECISION-
 MAKING AGREEMENT CREATED IN ACCORDANCE WITH THIS ARTICLE AND FOLLOWING A
 RECOGNIZED SUPPORTED DECISION-MAKING FACILITATION OR  EDUCATION  PROCESS
 AS  DEFINED  AND PRESCRIBED BY REGULATIONS PROMULGATED BY THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES.
 § 82.10 FORM OF AGREEMENT.
   (A) A SUPPORTED DECISION-MAKING AGREEMENT MAY BE IN ANY FORM  CONSIST-
 ENT WITH THE REQUIREMENTS SET FORTH IN THIS ARTICLE.
   (B) A SUPPORTED DECISION-MAKING AGREEMENT MUST:
   1. BE IN WRITING;
   2. BE DATED;
   3. DESIGNATE THE DECISION-MAKER, AND AT LEAST ONE SUPPORTER;
   4.  LIST THE CATEGORIES OF DECISIONS WITH WHICH A SUPPORTER IS AUTHOR-
 IZED TO ASSIST THE DECISION-MAKER;
   5. LIST THE KINDS OF SUPPORT THAT EACH SUPPORTER  MAY  GIVE  FOR  EACH
 AREA IN WHICH THEY ARE DESIGNATED AS A SUPPORTER;
   6. CONTAIN AN ATTESTATION THAT THE SUPPORTERS AGREE TO HONOR THE RIGHT
 OF  THE DECISION-MAKER TO MAKE THEIR OWN DECISIONS IN THE WAYS AND AREAS
 SPECIFIED IN THE AGREEMENT, RESPECT THE DECISION-MAKER'S DECISIONS, AND,
 FURTHER, THAT THEY WILL NOT MAKE DECISIONS FOR THE DECISION-MAKER;
   7. STATE THAT THE DECISION-MAKER MAY  CHANGE,  AMEND,  OR  REVOKE  THE
 SUPPORTED  DECISION-MAKING AGREEMENT AT ANY TIME FOR ANY REASON, SUBJECT
 TO THE REQUIREMENTS OF SECTION 82.06 OF THIS ARTICLE;
   8. BE SIGNED BY ALL DESIGNATED SUPPORTERS; AND
   9. BE EXECUTED OR ENDORSED BY THE DECISION-MAKER IN THE PRESENCE OF AT
 LEAST TWO ADULT WITNESSES WHO ARE NOT ALSO DESIGNATED AS SUPPORTERS,  OR
 WITH THE ATTESTATION OF A NOTARY PUBLIC.
   (C) A SUPPORTED DECISION-MAKING AGREEMENT MAY:
   1. APPOINT MORE THAN ONE SUPPORTER;
   2.  AUTHORIZE  A SUPPORTER TO OBTAIN PERSONAL INFORMATION AS DESCRIBED
 IN SUBDIVISION (E) OF SECTION 82.05 OF THIS ARTICLE;
   3. AUTHORIZE A SUPPORTER TO SHARE INFORMATION WITH ANY OTHER SUPPORTER
 OR OTHERS NAMED IN THE AGREEMENT; OR
   4. DETAIL ANY OTHER LIMITATIONS ON THE SCOPE  OF  A  SUPPORTER'S  ROLE
 THAT THE DECISION-MAKER DEEMS IMPORTANT.
   (D)  IN  ORDER  TO  BE  SUBJECT TO THE PROVISIONS OF SECTION 82.11 AND
 SUBDIVISIONS (B) THROUGH  (D)  OF  SECTION  82.12  OF  THIS  ARTICLE,  A
 SUPPORTED DECISION-MAKING AGREEMENT MUST ALSO:
   1. BE SIGNED BY A FACILITATOR OR EDUCATOR;
   2.  INCLUDE  A  STATEMENT THAT THE SUPPORTED DECISION-MAKING AGREEMENT
 WAS MADE IN ACCORDANCE WITH A RECOGNIZED FACILITATION  AND/OR  EDUCATION
 PROCESS; AND
   3.  INCLUDE  AN  ATTACHED  ATTESTATION  BY  THE  DECISION-MAKER THAT A
 PARTICULAR DECISION  HAS  BEEN  MADE  IN  ACCORDANCE  WITH  THE  SUPPORT
 DESCRIBED IN THE SUPPORTED DECISION-MAKING AGREEMENT.
 § 82.11 LEGAL  EFFECT  OF  DECISIONS  MADE  WITH SUPPORT AND THIRD-PARTY
           OBLIGATIONS.
   (A) THIS SECTION SHALL  APPLY  ONLY  TO  DECISIONS  MADE  PURSUANT  TO
 SUPPORTED  DECISION-MAKING  AGREEMENTS  CREATED  IN ACCORDANCE WITH THIS
 ARTICLE AND FOLLOWING A  RECOGNIZED  SUPPORTED  DECISION-MAKING  FACILI-
 TATION  OR EDUCATION PROCESS, AS PRESCRIBED BY REGULATIONS GOVERNING THE
 S. 7107--A                          8
 
 FACILITATION AND EDUCATION  PROCESSES  PROMULGATED  BY  THE  OFFICE  FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   (B)  A  DECISION  OR  REQUEST MADE OR COMMUNICATED BY A DECISION-MAKER
 WITH THE ASSISTANCE OF A SUPPORTER IN ACCORDANCE WITH THE PROVISIONS  OF
 A  SUPPORTED  DECISION-MAKING  AGREEMENT MUST, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, BE RECOGNIZED AS THE DECISION OR REQUEST OF THE  DECI-
 SION-MAKER AND MAY BE ENFORCED BY THE DECISION-MAKER IN LAW OR EQUITY ON
 THE SAME BASIS AS  ALL OTHERS.
   (C)  A  PERSON,  ENTITY,  OR  AGENCY REQUIRED TO RECOGNIZE AND HONOR A
 DECISION MADE PURSUANT TO A SUPPORTED DECISION-MAKING AGREEMENT  AUTHOR-
 IZED  BY  THIS  SECTION  MAY  REQUIRE  THE  DECISION-MAKER TO EXECUTE OR
 ENDORSE AN ATTESTATION, AS PROVIDED IN PARAGRAPH  THREE  OF  SUBDIVISION
 (D)  OF SECTION 82.10 OF THIS ARTICLE, AS A CONDITION OF RECOGNIZING AND
 HONORING THE DECISION.
   (D) A PERSON, ENTITY, OR AGENCY THAT RECEIVES  A  SUPPORTED  DECISION-
 MAKING  AGREEMENT  MUST  HONOR  A  DECISION  MADE IN ACCORDANCE WITH THE
 AGREEMENT, UNLESS THE PERSON, ENTITY, OR AGENCY HAS SUBSTANTIAL CAUSE TO
 BELIEVE THE SUPPORTED DECISION-MAKING AGREEMENT HAS BEEN REVOKED, OR THE
 DECISION-MAKER IS BEING ABUSED, COERCED, UNDULY  INFLUENCED,  OR  FINAN-
 CIALLY  EXPLOITED  BY THE SUPPORTER, OR THAT THE DECISION WILL CAUSE THE
 DECISION-MAKER SUBSTANTIAL AND IMMINENT PHYSICAL OR FINANCIAL HARM.
 § 82.12 LIMITATIONS ON LIABILITY.
   (A) SUBDIVISIONS (B), (C) AND (D) OF THIS SECTION SHALL APPLY ONLY  TO
 DECISIONS  MADE PURSUANT TO SUPPORTED DECISION-MAKING AGREEMENTS CREATED
 IN ACCORDANCE WITH THIS ARTICLE AND  FOLLOWING  A  RECOGNIZED  SUPPORTED
 DECISION-MAKING  FACILITATION  OR  EDUCATION  PROCESS,  AS PRESCRIBED BY
 REGULATIONS GOVERNING THE FACILITATION AND EDUCATION  PROCESSES  PROMUL-
 GATED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   (B)  A  PERSON SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY AND
 SHALL NOT BE DETERMINED TO HAVE ENGAGED IN PROFESSIONAL  MISCONDUCT  FOR
 AN  ACT  OR OMISSION IF THE ACT OR OMISSION IS DONE IN GOOD FAITH AND IN
 RELIANCE ON A DECISION MADE BY  A  DECISION-MAKER  PURSUANT  TO  A  DULY
 EXECUTED  SUPPORTED DECISION-MAKING AGREEMENT CREATED IN ACCORDANCE WITH
 THIS ARTICLE.
   (C) ANY HEALTH CARE PROVIDER THAT PROVIDES HEALTH CARE  BASED  ON  THE
 CONSENT  OF  A DECISION-MAKER, GIVEN WITH SUPPORT OR ASSISTANCE PROVIDED
 THROUGH A DULY EXECUTED SUPPORTED DECISION-MAKING AGREEMENT  CREATED  IN
 ACCORDANCE  WITH  THIS ARTICLE, SHALL BE IMMUNE FROM ANY ACTION ALLEGING
 THAT THE DECISION-MAKER LACKED CAPACITY  TO  PROVIDE  INFORMED  CONSENT,
 UNLESS  THE  ENTITY,  CUSTODIAN, OR ORGANIZATION HAD ACTUAL KNOWLEDGE OR
 NOTICE THAT THE DECISION-MAKER HAD REVOKED THE SUPPORTED DECISION-MAKING
 AGREEMENT, OR THAT THE SUPPORTER HAD COMMITTED ABUSE, PHYSICAL COERCION,
 UNDUE INFLUENCE, OR FINANCIAL EXPLOITATION WITH RESPECT TO THE  DECISION
 TO GRANT CONSENT.
   (D)  ANY  PUBLIC  OR  PRIVATE  ENTITY, CUSTODIAN, OR ORGANIZATION THAT
 DISCLOSES PERSONAL INFORMATION ABOUT A DECISION-MAKER IN RELIANCE ON THE
 TERMS OF A DULY EXECUTED SUPPORTED DECISION-MAKING AGREEMENT CREATED  IN
 ACCORDANCE  WITH THIS ARTICLE, TO A SUPPORTER AUTHORIZED BY THE TERMS OF
 THE SUPPORTED DECISION-MAKING AGREEMENT TO ASSIST THE DECISION-MAKER  IN
 ACCESSING,  COLLECTING,  OR OBTAINING THAT INFORMATION UNDER SUBDIVISION
 (E) OF SECTION 82.05 OF THIS ARTICLE, SHALL BE IMMUNE  FROM  ANY  ACTION
 ALLEGING  THAT IT IMPROPERLY OR UNLAWFULLY DISCLOSED SUCH INFORMATION TO
 THE SUPPORTER UNLESS THE ENTITY, CUSTODIAN, OR ORGANIZATION  HAD  ACTUAL
 KNOWLEDGE THAT THE DECISION-MAKER HAD REVOKED SUCH AUTHORIZATION.
 S. 7107--A                          9
 
   (E) THIS SECTION MAY NOT BE CONSTRUED TO PROVIDE IMMUNITY FROM ACTIONS
 ALLEGING THAT A HEALTH CARE PROVIDER, OR OTHER THIRD-PARTY, HAS DONE ANY
 OF THE FOLLOWING:
   1.  CAUSED  PERSONAL  INJURY  AS A RESULT OF A NEGLIGENT, RECKLESS, OR
 INTENTIONAL ACT;
   2. ACTED INCONSISTENTLY WITH THE EXPRESSED WISHES OF A DECISION-MAKER;
   3. FAILED TO PROVIDE INFORMATION TO  EITHER  DECISION-MAKER  OR  THEIR
 SUPPORTER THAT WOULD BE NECESSARY FOR INFORMED CONSENT; OR
   4. OTHERWISE ACTED INCONSISTENTLY WITH APPLICABLE LAW.
   (F)  THE  EXISTENCE  OR  AVAILABILITY  OF  A SUPPORTED DECISION-MAKING
 AGREEMENT DOES NOT RELIEVE A HEALTH CARE PROVIDER, OR OTHER THIRD-PARTY,
 OF ANY LEGAL OBLIGATION TO PROVIDE SERVICES TO INDIVIDUALS WITH DISABIL-
 ITIES, INCLUDING THE OBLIGATION TO PROVIDE REASONABLE ACCOMMODATIONS  OR
 AUXILIARY  AIDS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, INTERPRETA-
 TION SERVICES AND COMMUNICATION SUPPORTS TO INDIVIDUALS  WITH  DISABILI-
 TIES  UNDER  THE  FEDERAL  AMERICANS  WITH DISABILITIES ACT (42 U.S.C. §
 12101).
 § 82.13 SUPPORTER NOTICE.
   (A) IF ANY STATE OR MUNICIPAL LAW REQUIRES THAT AN AGENCY, ENTITY,  OR
 PERSON  PROVIDE A PRESCRIBED NOTICE TO A DECISION-MAKER, AND THE AGENCY,
 ENTITY, OR PERSON  REQUIRED  TO  PROVIDE  SUCH  NOTICE  HAS  RECEIVED  A
 SUPPORTED DECISION-MAKING AGREEMENT FROM A DECISION-MAKER THAT SPECIFIES
 THAT  A SUPPORTER IS ALSO TO RECEIVE A COPY OF ANY SUCH NOTICE, THEN THE
 AGENCY, ENTITY, OR PERSON IN POSSESSION OF THE SUPPORTED DECISION-MAKING
 AGREEMENT SHALL ALSO PROVIDE THE SPECIFIED SUPPORTER WITH A COPY OF SUCH
 NOTICE.
   (B) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, IF ANY STATE OR
 MUNICIPAL LAW REQUIRES THAT AN  AGENCY,  ENTITY,  OR  PERSON  PROVIDE  A
 PRESCRIBED NOTICE TO A DECISION-MAKER AND SUCH NOTICE INCLUDES PROTECTED
 INFORMATION, INCLUDING PRIVATE HEALTH INFORMATION OR EDUCATIONAL RECORDS
 PROTECTED  BY STATE OR FEDERAL LAW, SUCH NOTICE SHALL NOT BE PROVIDED TO
 THE SPECIFIED SUPPORTER UNLESS THE SUPPORTED  DECISION-MAKING  AGREEMENT
 IS  ACCOMPANIED  BY  A  RELEASE  AUTHORIZING  THE SPECIFIED SUPPORTER TO
 OBTAIN THE PROTECTED INFORMATION.
 § 82.14 REPORTING ABUSE, COERCION, UNDUE INFLUENCE, OR FINANCIAL EXPLOI-
           TATION.
   (A) ANY PERSON WHO RECEIVES A COPY OF OR AN ORIGINAL  SUPPORTED  DECI-
 SION-MAKING  AGREEMENT  AND  HAS  CAUSE TO BELIEVE THE DECISION-MAKER IS
 BEING ABUSED, PHYSICALLY COERCED, OR FINANCIALLY EXPLOITED BY A SUPPORT-
 ER, MAY REPORT  THE  ALLEGED  ABUSE,  PHYSICAL  COERCION,  OR  FINANCIAL
 EXPLOITATION  TO  ADULT  PROTECTIVE  SERVICES  PURSUANT  TO SECTION FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (B) NOTHING IN THIS SECTION MAY BE CONSTRUED AS ELIMINATING OR  LIMIT-
 ING  A PERSON'S DUTY OR REQUIREMENT TO REPORT UNDER ANY OTHER STATUTE OR
 REGULATION.
 § 82.15 RULES AND REGULATIONS.
   (A) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES SHALL PROMULGATE WITHIN ONE YEAR OF THE PASSAGE OF THIS ACT THE
 RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS ARTICLE FOR ADULTS WHO
 RECEIVE OR ARE ELIGIBLE TO RECEIVE SERVICES THAT  ARE  OPERATED,  CERTI-
 FIED,  FUNDED  OR  APPROVED  BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.
   (B) ADDITIONAL REGULATIONS RELATED TO THIS ARTICLE MAY BE  PROMULGATED
 BY  STATE AGENCIES WHOSE SERVICE POPULATIONS MAY BENEFIT FROM THE IMPLE-
 MENTATION OF SUPPORTED DECISION-MAKING.
 S. 7107--A                         10
 
   § 2. This act shall take effect ninety days from  the  date  that  the
 regulations  issued in accordance with section one of this act appear in
 the New York State Register, or the date such regulations  are  adopted,
 whichever  is  later; and   provided   that the   commissioner of mental
 hygiene  shall  notify the legislative bill drafting commission upon the
 occurrence  of  the  appearance of the regulations in the New York State
 Register or the date such regulations are adopted, whichever  is  later,
 in  order that the commission may maintain an accurate and timely effec-
 tive data base of the official text of  laws  of  the   state   of   New
 York in furtherance of effectuating the  provisions of section 44 of the
 legislative law and section 70-b of  the public officers law.

Co-Sponsors

S7107B (ACTIVE) - Details

See Assembly Version of this Bill:: A8586
Law Section:: Mental Hygiene Law
Laws Affected:: Add Art 82 §§82.01 - 82.15, Ment Hyg L

S7107B (ACTIVE) - Summary

Relates to supported decision-making by people with intellectual, developmental, cognitive and psychosocial disabilities.

S7107B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7107B

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to supported deci-
sion-making by people with intellectual, developmental, cognitive and
psychosocial disabilities

 
PURPOSE OF THE BILL:

This proposed legislation would add Article 82 to the Mental Hygiene
Law, creating Supported Decision-Making as a less restrictive alterna-
tive to guardianship. To promote autonomy and self-determination, this
bill would legally recognize Supported Decision-Making Agreements,
allowing for decision-making supports to be formalized by individuals in
need of assistance in making decisions for themselves. It would create
obligations and corresponding immunity from liability for third parties
in order to effectuate supported decisions made in accordance with a
Supported Decision-Making Agreement. The bill would authorize the Office
for People with Developmental Disabilities to promulgate implementation
regulations and would also allow for regulations to be promulgated by
other state agencies serving a myriad of individuals who may also bene-

fit by less restrictive decision-making support, such as the Office of
Children and Family Services, Office of Mental Health, State Education
Department, and the Office for the Aging.

 
SUMMARY OF PROVISIONS:

The fifteen proposed subdivisions of Article 82 include:

(1) a legislative purpose preamble;

(2) definitions of terms used within the article;

(3) provisions defining the presumption of an adult's capacity to enter
into a supported decision-making agreement, and protections against
using the adult's interest in or execution of a supported decision-mak-
ing agreement as evidence of incapacity or the denial of services or
benefits;

(4) provisions defining the scope of the article, ensuring the continued
availability of advance directives and access to personal information,
preventing the participation of a supporter in conversations with third-
party professionals from constituting a waiver of professional evidenti-
ary privilege, and precluding the use of a supported decision-making
agreement as a condition of participation in any activity, service, or
program;

(5) provisions defining the duties, responsibilities, and authority of
supporters, and the limits of a supporter's role;

(6) provisions describing the formation requirements of a supported
decision-making agreement and setting the term of the agreement as
effective until revoked by the decision-maker;

(7) provisions on the requirements for revocation or amendment of a
supported decision-making agreement, allowing for liberal changes to be
made only by the decision-maker;
(8) limitations on the eligibility of supporters, and process for resig-
nation of a supporter,

(9) provisions describing the requirement of a facilitation process for
the extension of third-party obligations and liability protections;

(10) provisions describing the form a supported decision-making agree-
ment must take, including the additional requirements for extending
third-party obligations and liability protections;

(11) provisions describing the obligations on third parties to accept
decisions made in accordance with any supported decision-making agree-
ment that is validly executed following a process of facilitation as
defined by regulations to be promulgated by the Office for People With
Developmental Disabilities;

(12) provisions limiting liability for third parties who accept deci-
sions made in accordance with any supported decision-making agreement
that was validly executed following a process of facilitation as defined
by regulations to be promulgated by the Office for People With Develop-
mental Disabilities;

 
EFFECTIVE DATE:
This act shall take effect ninety days from the date that the regu-
lations issued in accordance with this act appear in the New York State
Register, or the date such regulations are adopted, whichever is later;
and provided that the commissioner of mental hygiene shall notify the
legislative bill drafting commission upon the occurrence of the appear-
ance of the regulations in the New Yok State Register or the date such
regulations are adopted, whichever is later, in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of laws of the state of New York in furtherance of effect-
ing the provisions of section 44 of the legislative law and section 70-b
of the public officers law.

S7107B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7107--B
     Cal. No. 540
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by  Sens. MANNION, GAUGHRAN -- (at request of the Office for
   People with Developmental Disabilities)  --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities  --  recommitted  to the Committee on Disabilities in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading  --  passed  by  Senate  and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT  to amend the mental hygiene law, in relation to supported deci-
   sion-making by people with intellectual, developmental, cognitive  and
   psychosocial disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  article
 82 to read as follows:
                                 ARTICLE 82
                         SUPPORTED DECISION-MAKING
 SECTION 82.01 LEGISLATIVE FINDINGS AND PURPOSE.
         82.02 DEFINITIONS.
         82.03 PRESUMPTION OF CAPACITY.
         82.04 SCOPE.
         82.05 DUTIES, RESPONSIBILITIES, AND AUTHORITY OF SUPPORTERS.
         82.06 FORMATION AND TERM OF AGREEMENT.
         82.07 REVOCATION AND AMENDMENT OF AGREEMENT.
         82.08 ELIGIBILITY AND RESIGNATION OF SUPPORTERS.
         82.09 FACILITATION OF AGREEMENT.
         82.10 FORM OF AGREEMENT.
         82.11 LEGAL EFFECT OF DECISIONS MADE WITH SUPPORT AND THIRD-PAR-
                 TY OBLIGATIONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09657-09-2
 S. 7107--B                          2
 
         82.12 LIMITATIONS ON LIABILITY.
         82.13 SUPPORTER NOTICE.
         82.14 REPORTING  ABUSE,  COERCION, UNDUE INFLUENCE, OR FINANCIAL
                 EXPLOITATION.
         82.15 RULES AND REGULATIONS.
 § 82.01 LEGISLATIVE FINDINGS AND PURPOSE.
   (A) THE LEGISLATURE FINDS THAT A PERSON'S  RIGHT  TO  MAKE  THEIR  OWN
 DECISIONS  IS  CRITICAL TO THEIR AUTONOMY AND SELF-DETERMINATION. PEOPLE
 WITH INTELLECTUAL, DEVELOPMENTAL, COGNITIVE AND  PSYCHOSOCIAL  DISABILI-
 TIES  ARE OFTEN DENIED THAT RIGHT BECAUSE OF STIGMA AND OUTDATED BELIEFS
 ABOUT THEIR CAPABILITY. THIS RIGHT IS DENIED, DESPITE THE  REALITY  THAT
 VERY  FEW  PEOPLE  MAKE  DECISIONS  ENTIRELY ON THEIR OWN. EVERYONE USES
 SUPPORTS, AS DO PEOPLE WITH DISABILITIES; WHO  MAY  JUST  NEED  MORE  OR
 DIFFERENT KINDS OF SUPPORTS.
   (B) THE LEGISLATURE FURTHER FINDS THAT THE, NOW WELL RECOGNIZED, PRAC-
 TICE  OF  SUPPORTED  DECISION-MAKING  IS A WAY IN WHICH MANY PEOPLE WITH
 DISABILITIES CAN MAKE THEIR OWN DECISIONS WITH  THE  SUPPORT  THEY  NEED
 FROM  TRUSTED PERSONS IN THEIR LIVES, AND THAT SUPPORTED DECISION-MAKING
 CAN BE A LESS RESTRICTIVE ALTERNATIVE TO GUARDIANSHIP. RECOGNIZING  THAT
 SUPPORTED  DECISION-MAKING  CAN TAKE A VARIETY OF FORMS, THE LEGISLATURE
 FINDS THAT A MORE FORMAL PROCESS, RESULTING IN A SUPPORTED DECISION-MAK-
 ING AGREEMENT BETWEEN THE PERSON WITH A DISABILITY (THE  DECISION-MAKER)
 AND  THEIR  SUPPORTER OR SUPPORTERS, CAN PROVIDE THE BASIS FOR REQUIRING
 THIRD PARTIES, WHO MIGHT OTHERWISE QUESTION A  PERSON'S  LEGAL  CAPACITY
 BECAUSE  OF  THEIR  DISABILITY, TO RECOGNIZE THEIR DECISIONS ON THE SAME
 BASIS AS OTHERS. WHEN THIS MORE FORMAL PROCESS IS FOLLOWED, PEOPLE  WITH
 DISABILITIES  CAN  MAKE CHOICES CONFIDENT THAT THEY WILL BE RESPECTED BY
 OTHERS AND KNOWING THEY WILL BE SOLELY RESPONSIBLE FOR THEIR  OWN  DECI-
 SIONS.
   (C)  THE  LEGISLATURE FURTHER FINDS THAT SUPPORTED DECISION-MAKING AND
 SUPPORTED DECISION-MAKING AGREEMENTS SHOULD BE ENCOURAGED WHEN APPROPRI-
 ATE FOR PERSONS WITH DISABILITIES, AND THAT THE EXECUTION OF A SUPPORTED
 DECISION-MAKING AGREEMENT SHOULD NOT DETRIMENTALLY IMPACT THE  ELIGIBIL-
 ITY OF A PERSON FOR OTHER SERVICES, INCLUDING ADULT PROTECTIVE SERVICES.
   (D)  THE  LEGISLATURE  ALSO STRONGLY URGES RELEVANT STATE AGENCIES AND
 CIVIL SOCIETY TO RESEARCH AND DEVELOP APPROPRIATE AND EFFECTIVE MEANS OF
 SUPPORT FOR OLDER PERSONS WITH COGNITIVE DECLINE, PERSONS WITH TRAUMATIC
 BRAIN INJURIES, AND PERSONS WITH PSYCHOSOCIAL DISABILITIES, SO THAT FULL
 LEGISLATIVE RECOGNITION CAN ALSO BE ACCORDED TO THE DECISIONS MADE  WITH
 SUPPORTED  DECISION-MAKING  AGREEMENTS  BY PERSONS WITH SUCH CONDITIONS,
 BASED ON A CONSENSUS ABOUT WHAT KINDS OF SUPPORT ARE MOST EFFECTIVE  AND
 HOW THEY CAN BEST BE DELIVERED.
 § 82.02 DEFINITIONS.
   WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANING, UNLESS THE CONTEXT OR SUBJECT MATTER REQUIRES  A  DIFFERENT
 INTERPRETATION:
   (A)  "ABUSE"  ENCOMPASSES  PHYSICAL ABUSE, SEXUAL ABUSE, AND EMOTIONAL
 ABUSE, AS DEFINED IN SECTION FOUR HUNDRED SEVENTY-THREE  OF  THE  SOCIAL
 SERVICES LAW.
   (B) "ADULT" MEANS AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER.
   (C)  "ADVANCE  DIRECTIVE"  MEANS  A LEGALLY RECOGNIZED WRITTEN OR ORAL
 INSTRUCTION BY AN ADULT RELATING TO THE PROVISION OF HEALTH CARE TO  THE
 ADULT  IF  AND WHEN THEY BECOME INCAPACITATED, INCLUDING BUT NOT LIMITED
 TO A HEALTH CARE PROXY, A CONSENT TO THE ISSUANCE OF  AN  ORDER  NOT  TO
 RESUSCITATE  OR OTHER ORDERS FOR LIFE-SUSTAINING TREATMENT RECORDED IN A
 S. 7107--B                          3
 
 PATIENT'S MEDICAL RECORD,  OR  OTHER  LEGALLY-RECOGNIZED  STATEMENTS  OF
 WISHES OR BELIEFS.
   (D)  "DECISION-MAKER"  MEANS  AN  ADULT  WHO HAS EXECUTED, OR SEEKS TO
 EXECUTE, A SUPPORTED DECISION-MAKING AGREEMENT.
   (E) "FINANCIAL EXPLOITATION" HAS THE MEANING  GIVEN  IN  SECTION  FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (F) "GOOD FAITH" MEANS HONEST IN FACT AND IN THE OBSERVANCE OF REASON-
 ABLE STANDARDS OF FAIR DEALING.
   (G)  "NEGLECT" HAS THE MEANING DEFINED IN PARAGRAPH (D) OF SUBDIVISION
 ONE OF SECTION FOUR HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (H) "PHYSICAL COERCION"  MEANS  TO  PLACE  UNDER  DURESS,  MENACE,  OR
 THREATEN PHYSICAL VIOLENCE OR IMPRISONMENT.
   (I)  "SUPPORTED DECISION-MAKING" MEANS A WAY BY WHICH A DECISION-MAKER
 UTILIZES SUPPORT FROM TRUSTED PERSONS IN THEIR LIFE, IN  ORDER  TO  MAKE
 THEIR  OWN  DECISIONS  ABOUT  THEIR LIFE, INCLUDING, BUT NOT LIMITED TO,
 DECISIONS RELATED TO WHERE AND WITH WHOM  THE  DECISION-MAKER  WANTS  TO
 LIVE;  DECISIONS ABOUT FINANCES; THE SERVICES, SUPPORTS, AND HEALTH CARE
 THE DECISION-MAKER WANTS TO RECEIVE; AND WHERE THE DECISION-MAKER  WANTS
 TO WORK.
   (J)  "SUPPORTED DECISION-MAKING AGREEMENT" IS AN AGREEMENT A DECISION-
 MAKER ENTERS INTO WITH ONE OR MORE SUPPORTERS UNDER  THIS  SECTION  THAT
 DESCRIBES  HOW THE DECISION-MAKER USES SUPPORTED DECISION-MAKING TO MAKE
 THEIR OWN DECISIONS. SUPPORTED DECISION-MAKING AGREEMENTS CAN EITHER  BE
 AN  INFORMAL  ARRANGEMENT  BETWEEN  THE  DECISION-MAKER  AND  HIS OR HER
 SUPPORTER OR SUPPORTERS, OR ONE THAT IS IN ACCORDANCE WITH SECTION 82.11
 OF THIS ARTICLE, WHICH HAS BEEN REVIEWED AND SIGNED BY A FACILITATOR.
   (K) "SUPPORTER" MEANS AN ADULT WHO  HAS  VOLUNTARILY  ENTERED  INTO  A
 SUPPORTED  DECISION-MAKING  AGREEMENT WITH A DECISION-MAKER, AGREEING TO
 ASSIST THE DECISION-MAKER IN MAKING THEIR OWN DECISIONS AS PRESCRIBED BY
 THE SUPPORTED DECISION-MAKING AGREEMENT, AND WHO IS NOT INELIGIBLE UNDER
 SECTION 82.08 OF THIS ARTICLE.
   (L) "UNDUE INFLUENCE" MEANS MORAL OR MENTAL COERCION THAT LEADS  SOME-
 ONE TO CARRY OUT THE WISHES OF ANOTHER INSTEAD OF THEIR OWN BECAUSE THEY
 ARE UNABLE TO REFUSE OR RESIST.
   (M)  "FACILITATOR"  MEANS  AN  INDIVIDUAL  OR ENTITY AUTHORIZED BY THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES THAT  WORKS  WITH  AND
 EDUCATES THE DECISION-MAKER AND HIS OR HER SUPPORTER OR SUPPORTERS ABOUT
 SUPPORTED   DECISION-MAKING  AND  SUPPORTED  DECISION-MAKING  AGREEMENTS
 AUTHORIZED UNDER THIS ARTICLE.
 § 82.03 PRESUMPTION OF CAPACITY.
   (A) FOR THE PURPOSES OF THIS ARTICLE, EVERY ADULT SHALL BE PRESUMED TO
 HAVE THE CAPACITY TO ENTER INTO A SUPPORTED  DECISION-MAKING  AGREEMENT,
 UNLESS  THAT  ADULT HAS A LEGAL GUARDIAN, APPOINTED BY A COURT OF COMPE-
 TENT JURISDICTION, WHOSE GRANTED  AUTHORITY  IS  IN  CONFLICT  WITH  THE
 PROPOSED  SUPPORTED  DECISION-MAKING  AGREEMENT. THIS PRESUMPTION MAY BE
 REBUTTED ONLY BY CLEAR AND CONVINCING EVIDENCE.
   (B) CAPACITY  SHALL  INCLUDE  CAPACITY  WITH  DECISION-MAKING  SUPPORT
 AND/OR ACCOMMODATIONS.
   (C)  A  DIAGNOSIS  OF A DEVELOPMENTAL OR OTHER DISABILITY OR CONDITION
 SHALL NOT CONSTITUTE EVIDENCE OF INCAPACITY.
   (D) THE MANNER IN WHICH AN ADULT COMMUNICATES WITH  OTHERS  SHALL  NOT
 CONSTITUTE EVIDENCE OF INCAPACITY.
   (E)  NEITHER THE EXECUTION OF A SUPPORTED DECISION-MAKING AGREEMENT BY
 AN INDIVIDUAL, NOR THE INTEREST IN OR WISH TO EXECUTE A SUPPORTED  DECI-
 SION-MAKING AGREEMENT BY AN INDIVIDUAL, NOR THE FAILURE OF AN INDIVIDUAL
 TO  EXECUTE A SUPPORTED DECISION-MAKING AGREEMENT MAY BE USED OR CONSID-
 S. 7107--B                          4
 
 ERED AS EVIDENCE THAT THE INDIVIDUAL LACKS  CAPACITY,  OR  TO  DENY  THE
 DECISION-MAKER  BENEFITS TO WHICH THEY ARE OTHERWISE ENTITLED, INCLUDING
 ADULT PROTECTIVE SERVICES.
   (F)  A DECISION-MAKER MAY MAKE AND EXECUTE A SUPPORTED DECISION-MAKING
 AGREEMENT, IF THE DECISION-MAKER UNDERSTANDS THAT THEY  ARE  MAKING  AND
 EXECUTING  AN  AGREEMENT  WITH THEIR CHOSEN SUPPORTERS AND THAT THEY ARE
 DOING SO VOLUNTARILY.
 § 82.04 SCOPE.
   (A) IF A DECISION-MAKER VOLUNTARILY ENTERS INTO A SUPPORTED  DECISION-
 MAKING AGREEMENT WITH ONE OR MORE SUPPORTERS, THE DECISION-MAKER MAY, IN
 THE  AGREEMENT,  AUTHORIZE  THE  SUPPORTER TO PROVIDE SUPPORT TO THEM IN
 MAKING THEIR OWN DECISIONS IN AREAS  THEY  CHOOSE,  INCLUDING,  BUT  NOT
 LIMITED TO: GATHERING INFORMATION, UNDERSTANDING AND INTERPRETING INFOR-
 MATION,  WEIGHING  OPTIONS AND   ALTERNATIVES TO A DECISION, CONSIDERING
 THE CONSEQUENCES OF MAKING A DECISION OR NOT MAKING IT, PARTICIPATING IN
 CONVERSATIONS WITH THIRD PARTIES IF THE DECISION-MAKER  IS  PRESENT  AND
 REQUESTS  THEIR  PARTICIPATION, COMMUNICATING THE DECISION-MAKER'S DECI-
 SION TO THIRD PARTIES IF THE  DECISION-MAKER  IS  PRESENT  AND  REQUESTS
 THEIR  PARTICIPATION, AND PROVIDING THE DECISION-MAKER SUPPORT IN IMPLE-
 MENTING THE DECISION-MAKER'S DECISION.
   (B) NOTHING  IN  THIS  ARTICLE,  NOR  THE  EXISTENCE  OF  AN  EXECUTED
 SUPPORTED  DECISION-MAKING  AGREEMENT, SHALL PRECLUDE THE DECISION-MAKER
 FROM ACTING INDEPENDENTLY OF THE SUPPORTED DECISION-MAKING AGREEMENT  OR
 EXECUTING,  WITH  OR  WITHOUT  THE  ASSISTANCE  OF  SUPPORTERS  UNDER  A
 SUPPORTED DECISION-MAKING AGREEMENT, A POWER  OF  ATTORNEY  UNDER  TITLE
 FIFTEEN  OF  ARTICLE  FIVE  OF  THE GENERAL OBLIGATIONS LAW, HEALTH CARE
 PROXY UNDER ARTICLE TWENTY-NINE-C OF THE PUBLIC  HEALTH  LAW,  OR  OTHER
 ADVANCE DIRECTIVE.
   (C)  NOTWITHSTANDING  THE  EXISTENCE  OF  A  SUPPORTED DECISION-MAKING
 AGREEMENT, A DECISION-MAKER SHALL CONTINUE TO HAVE  UNRESTRICTED  ACCESS
 TO THEIR PERSONAL INFORMATION WITHOUT THE ASSISTANCE OF A SUPPORTER.
   (D)  NOTWITHSTANDING  THE  EXISTENCE  OF  A  SUPPORTED DECISION-MAKING
 AGREEMENT, A DECISION-MAKER MAY REQUEST AND RECEIVE ASSISTANCE IN MAKING
 ANY DECISION THAT IS NOT COVERED  UNDER  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT  AT  ANY  TIME AND FROM ANY PERSON, REGARDLESS OF WHETHER THAT
 PERSON IS DESIGNATED AS A SUPPORTER  IN  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT.
   (E)  A SUPPORTED DECISION-MAKING AGREEMENT MADE PURSUANT TO THIS ARTI-
 CLE MAY BE EVIDENCE THAT  THE  DECISION-MAKER  HAS  A  LESS  RESTRICTIVE
 ALTERNATIVE TO GUARDIANSHIP IN PLACE.
   (F)  THE  AVAILABILITY  OF SUPPORTED DECISION-MAKING AGREEMENTS IS NOT
 INTENDED TO LIMIT THE INFORMAL USE OF SUPPORTED DECISION-MAKING,  OR  TO
 PRECLUDE  JUDICIAL  CONSIDERATION  OF SUCH INFORMAL ARRANGEMENTS AS LESS
 RESTRICTIVE ALTERNATIVES TO GUARDIANSHIP.
   (G) EXECUTION OF A SUPPORTED DECISION-MAKING AGREEMENT MAY  NOT  BE  A
 CONDITION OF PARTICIPATION IN ANY ACTIVITY, SERVICE, OR PROGRAM.
   (H) IF A DECISION-MAKER SEEKS FROM ANY PERSON PROFESSIONAL ADVICE THAT
 WOULD  BE  OTHERWISE COVERED BY EVIDENTIARY PRIVILEGE IN ACCORDANCE WITH
 SECTIONS FORTY-FIVE HUNDRED THREE, FORTY-FIVE HUNDRED  FOUR,  FORTY-FIVE
 HUNDRED  SEVEN,  FORTY-FIVE  HUNDRED EIGHT AND FORTY-FIVE HUNDRED TEN OF
 THE CIVIL PRACTICE LAW AND RULES, THE INCLUSION IN THE CONVERSATION OF A
 SUPPORTER AUTHORIZED  BY  THE  SUPPORTED  DECISION-MAKING  AGREEMENT  TO
 PROVIDE  SUPPORT  IN  THE  AREA  IN  WHICH  THE DECISION-MAKER SEEKS THE
 PROFESSIONAL ADVICE SHALL NOT CONSTITUTE A WAIVER OF THAT PRIVILEGE.
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  NOTH-
 ING  WITHIN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT ELIGIBILITY OF A
 S. 7107--B                          5
 
 DECISION-MAKER FOR RECEIPT OF SERVICES OR SUPPORTS THAT THEY WOULD  HAVE
 OTHERWISE  BEEN  ENTITLED,  INCLUDING  ADULT PROTECTIVE SERVICES, ABSENT
 ENTERING INTO A SUPPORTED DECISION-MAKING AGREEMENT UNDER THE PROVISIONS
 OF THIS ARTICLE.
   (J) A SUPPORTED DECISION-MAKING AGREEMENT MADE BETWEEN A DECISION-MAK-
 ER  AND HIS OR HER SUPPORTER OR SUPPORTERS AFTER CONSULTATION AND EDUCA-
 TION, WHICH IS SIGNED BY A FACILITATOR SHALL HAVE THE  LEGAL  FORCE  AND
 EFFECT AUTHORIZED UNDER SECTION 82.11 OF THIS ARTICLE.
 § 82.05 DUTIES, RESPONSIBILITIES, AND AUTHORITY OF SUPPORTERS.
   (A) A SUPPORTER MUST:
   1.  RESPECT  THE  DECISION-MAKER'S RIGHT TO MAKE A DECISION, EVEN WHEN
 THE SUPPORTER DISAGREES WITH THE DECISION OR BELIEVES IT IS NOT  IN  THE
 DECISION-MAKER'S BEST INTERESTS;
   2. ACT HONESTLY, DILIGENTLY, AND IN GOOD FAITH;
   3.  ACT WITHIN THE SCOPE SET FORTH IN THE EXECUTED SUPPORTED DECISION-
 MAKING AGREEMENT;
   4. AVOID CONFLICTS OF INTEREST;
   5. NOTIFY THE DECISION-MAKER IN WRITING, AND IN  A  MANNER  THE  DECI-
 SION-MAKER  CAN  UNDERSTAND,  OF  THE  SUPPORTER'S INTENT TO RESIGN AS A
 SUPPORTER; AND
   6. PARTICIPATE IN FACILITATION  AND/OR  EDUCATION  PROGRAMS  DEVELOPED
 UNDER  REGULATIONS  PROMULGATED  BY  THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES IN ORDER TO ENTER A FORMAL SUPPORTED DECISION-MAKING
 AGREEMENT.
   (B) A SUPPORTER IS PROHIBITED FROM:
   1. MAKING DECISIONS FOR  THE  DECISION-MAKER,  EXCEPT  TO  THE  EXTENT
 OTHERWISE GRANTED IN AN ADVANCE DIRECTIVE;
   2. EXERTING UNDUE INFLUENCE UPON THE DECISION-MAKER;
   3. PHYSICALLY COERCING THE DECISION-MAKER;
   4.  OBTAINING,  WITHOUT THE CONSENT OF THE DECISION-MAKER, INFORMATION
 ACQUIRED FOR A PURPOSE OTHER THAN ASSISTING THE DECISION-MAKER IN MAKING
 A DECISION AUTHORIZED BY THE SUPPORTED DECISION-MAKING AGREEMENT;
   5. OBTAINING,  WITHOUT  THE  CONSENT  OF  THE  DECISION-MAKER,  OR  AS
 EXPRESSLY GRANTED BY THE SUPPORTED DECISION-MAKING AGREEMENT, AND ACCOM-
 PANIED  BY  AN  APPROPRIATE  RELEASE,  NONPUBLIC PERSONAL INFORMATION AS
 DEFINED IN 15 U.S.C. § 6809(4)(A), OR CLINICAL  RECORDS  OR  INFORMATION
 UNDER SUBDIVISION (C) OF SECTION 33.13 OF THIS CHAPTER; AND
   6.  COMMUNICATING A DECISION-MAKER'S DECISION TO A THIRD-PARTY WITHOUT
 THE PARTICIPATION AND PRESENCE OF THE DECISION-MAKER.
   (C) THE RELATIONSHIP BETWEEN A DECISION-MAKER AND A SUPPORTER  IS  ONE
 OF  TRUST  AND  CONFIDENCE  AND  SERVES  TO PRESERVE THE DECISION-MAKING
 AUTHORITY OF THE DECISION-MAKER.
   (D) A SUPPORTER SHALL NOT BE  CONSIDERED  A  SURROGATE  OR  SUBSTITUTE
 DECISION  MAKER  FOR THE DECISION-MAKER AND SHALL NOT HAVE THE AUTHORITY
 TO SIGN LEGAL DOCUMENTS ON BEHALF OF  THE  DECISION-MAKER  OR  BIND  THE
 DECISION-MAKER  TO  A  LEGAL  AGREEMENT,  BUT  MAY, IF SUCH AUTHORITY IS
 EXPRESSLY GRANTED IN THE SUPPORTED  DECISION-MAKING  AGREEMENT,  PROVIDE
 CO-SIGNATURE  TOGETHER WITH THE DECISION-MAKER ACKNOWLEDGING THE RECEIPT
 OF STATEMENTS OF RIGHTS AND RESPONSIBILITIES IN ORDER TO PERMIT  PARTIC-
 IPATION  IN  SUCH  PROGRAMS  OR  ACTIVITIES  THAT THE DECISION-MAKER HAS
 COMMUNICATED A CHOICE TO PARTICIPATE IN.
   (E) IF EXPRESSLY GRANTED BY THE SUPPORTED  DECISION-MAKING  AGREEMENT,
 AND  THE DECISION-MAKER HAS SIGNED AN APPROPRIATE RELEASE, THE SUPPORTER
 MAY ASSIST THE DECISION-MAKER IN OBTAINING EDUCATIONAL RECORDS UNDER THE
 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (20 U.S.C.  §  1232G),
 PROTECTED  HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND
 S. 7107--B                          6
 
 ACCOUNTABILITY ACT OF  1996  (45  CFR  §§  164.502,  164.508),  CLINICAL
 RECORDS  AND  INFORMATION UNDER SUBDIVISION (C) OF SECTION 33.13 OF THIS
 CHAPTER, OR PATIENT INFORMATION UNDER  SUBDIVISIONS  TWO  AND  THREE  OF
 SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW.
   (F)  A  SUPPORTER SHALL ENSURE THE INFORMATION OBTAINED UNDER SUBDIVI-
 SION (E) OF THIS SECTION IS KEPT PRIVILEGED AND CONFIDENTIAL, AS  APPLI-
 CABLE, AND IS NOT SUBJECT TO UNAUTHORIZED ACCESS, USE, OR DISCLOSURE.
 § 82.06 FORMATION AND TERM OF AGREEMENT.
   (A)  AN  ADULT MAY ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT AT
 ANY TIME IF THE ADULT ENTERS INTO THE AGREEMENT VOLUNTARILY.
   (B) A DECISION-MAKER MAY SIGN A SUPPORTED DECISION-MAKING AGREEMENT IN
 ANY MANNER, INCLUDING  ELECTRONIC  SIGNATURES  PERMITTED  UNDER  ARTICLE
 THREE OF THE STATE TECHNOLOGY LAW.
   (C)  A SUPPORTED DECISION-MAKING AGREEMENT FORMED UNDER THE PROVISIONS
 OF THIS ARTICLE SHALL REMAIN IN EFFECT UNLESS AND UNTIL REVOKED  BY  THE
 DECISION-MAKER.
 § 82.07 REVOCATION AND AMENDMENT OF AGREEMENT.
   (A)  THE  DECISION-MAKER  MAY  REVOKE ALL OR PART OF A SUPPORTED DECI-
 SION-MAKING AGREEMENT BY NOTIFYING THE SUPPORTERS ORALLY OR IN  WRITING,
 OR  BY ANY OTHER ACT EVINCING A SPECIFIC INTENT TO REVOKE THE AGREEMENT.
 THE FAILURE OF THE DECISION-MAKER TO NOTIFY SUPPORTERS SHALL NOT INVALI-
 DATE THE REVOCATION OF ALL OR  PART  OF  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT.
   (B)  A  DECISION-MAKER MAY AMEND A SUPPORTED DECISION-MAKING AGREEMENT
 AT ANY TIME FOR ANY REASON, SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
 THE DECISION-MAKER SHALL NOTIFY ALL SUPPORTERS OF ANY AMENDMENT MADE  TO
 THE  SUPPORTED DECISION-MAKING AGREEMENT, BUT THE FAILURE TO DO SO SHALL
 NOT INVALIDATE THE AMENDMENT.
 § 82.08 ELIGIBILITY AND RESIGNATION OF SUPPORTERS.
   (A) A SUPPORTER SHALL BE ANY ADULT CHOSEN BY  THE  DECISION-MAKER;  IF
 THE  SUPPORTER CHOSEN BY THE DECISION-MAKER IS AN EMPLOYEE OF A PROVIDER
 FROM WHOM THE DECISION-MAKER RECEIVES SERVICES,  THE  EMPLOYEE  AND  THE
 PROVIDER SHALL FOLLOW THE REQUIREMENTS SET OUT IN REGULATIONS PROMULGAT-
 ED  BY  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR OTHER
 APPROPRIATE REGULATORY BODY  WHICH  ADDRESS  THOSE  CIRCUMSTANCES,  WITH
 ATTENTION  PAID  TO  RELATIVE  LABOR  LAW AND EMPLOYMENT OBLIGATIONS AND
 POSSIBLE CONFLICTS OF INTEREST OR THE APPEARANCE OF A CONFLICT OF INTER-
 EST.
   (B) AN INDIVIDUAL WHO HAS BEEN CHOSEN BY THE DECISION-MAKER  TO  BE  A
 SUPPORTER, OR WHO HAS ENTERED INTO A SUPPORTED DECISION-MAKING AGREEMENT
 AS  A SUPPORTER, SHALL BE DEEMED INELIGIBLE TO ACT, OR CONTINUE TO SERVE
 AS SUPPORTER UPON THE OCCURRENCE OF ANY OF THE FOLLOWING:
   1. A COURT AUTHORIZES A PROTECTIVE ORDER OR RESTRAINING ORDER  AGAINST
 THE SUPPORTER ON REQUEST OF OR ON BEHALF OF THE DECISION-MAKER; OR
   2. THE LOCAL DEPARTMENT OF SOCIAL SERVICES HAS FOUND THAT THE SUPPORT-
 ER  HAS  COMMITTED  ABUSE,  NEGLECT, FINANCIAL EXPLOITATION, OR PHYSICAL
 COERCION AGAINST THE DECISION-MAKER AS SUCH TERMS ARE DEFINED IN SECTION
 82.02 OF THIS ARTICLE.
   (C) A SUPPORTER MAY RESIGN AS SUPPORTER BY WRITTEN OR ORAL  NOTICE  TO
 THE DECISION-MAKER AND THE REMAINING SUPPORTERS.
   (D)  IF THE SUPPORTED DECISION-MAKING AGREEMENT INCLUDES MORE THAN ONE
 SUPPORTER OR IS AMENDED TO REPLACE THE SUPPORTER WHO IS INELIGIBLE UNDER
 SUBDIVISION (B) OF THIS SECTION OR RESIGNS UNDER SUBDIVISION (C) OF THIS
 SECTION, THE SUPPORTED DECISION-MAKING AGREEMENT SHALL SURVIVE  FOR  THE
 REMAINING SUPPORTERS, UNLESS IT IS OTHERWISE REVOKED UNDER SECTION 82.07
 OF THIS ARTICLE.
 S. 7107--B                          7
 
   (E)  IF  THE SUPPORTED DECISION-MAKING AGREEMENT DOES NOT INCLUDE MORE
 THAN ONE SUPPORTER, AND IS NOT AMENDED  TO  REPLACE  THE  SUPPORTER  WHO
 BECOMES  INELIGIBLE  UNDER  SUBDIVISION  (B)  OF THIS SECTION OR RESIGNS
 UNDER SUBDIVISION (C) OF THIS  SECTION,  THE  SUPPORTED  DECISION-MAKING
 AGREEMENT SHALL BE CONSIDERED TERMINATED.
 § 82.09 FACILITATION OF AGREEMENT.
   THE  PROVISIONS  OF  SECTION 82.11 AND SUBDIVISIONS (B) THROUGH (D) OF
 SECTION 82.12 OF THIS ARTICLE SHALL ONLY APPLY IN CIRCUMSTANCES WHERE  A
 DECISION  IS  MADE BY A DECISION-MAKER PURSUANT TO A SUPPORTED DECISION-
 MAKING AGREEMENT CREATED IN ACCORDANCE  WITH  THIS  ARTICLE  WHERE  SUCH
 DECISION-MAKER AND HIS OR HER SUPPORTER OR SUPPORTERS HAVE WORKED WITH A
 FACILITATOR,  SUCH  SUPPORTER  OR  SUPPORTERS HAVE FOLLOWED A RECOGNIZED
 SUPPORTED DECISION-MAKING FACILITATION OR EDUCATION PROCESS  AS  DEFINED
 AND  PRESCRIBED BY REGULATIONS PROMULGATED BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES AND SUCH FACILITATOR HAS SIGNED  SUCH  AGREE-
 MENT.
 § 82.10 FORM OF AGREEMENT.
   (A)  A SUPPORTED DECISION-MAKING AGREEMENT MAY BE IN ANY FORM CONSIST-
 ENT WITH THE REQUIREMENTS SET FORTH IN THIS ARTICLE.
   (B) A SUPPORTED DECISION-MAKING AGREEMENT MUST:
   1. BE IN WRITING;
   2. BE DATED;
   3. DESIGNATE THE DECISION-MAKER, AND AT LEAST ONE SUPPORTER;
   4. LIST THE CATEGORIES OF DECISIONS WITH WHICH A SUPPORTER IS  AUTHOR-
 IZED TO ASSIST THE DECISION-MAKER;
   5.  LIST  THE  KINDS  OF SUPPORT THAT EACH SUPPORTER MAY GIVE FOR EACH
 AREA IN WHICH THEY ARE DESIGNATED AS A SUPPORTER;
   6. CONTAIN AN ATTESTATION THAT THE SUPPORTERS AGREE TO HONOR THE RIGHT
 OF THE DECISION-MAKER TO MAKE THEIR OWN DECISIONS IN THE WAYS AND  AREAS
 SPECIFIED IN THE AGREEMENT, RESPECT THE DECISION-MAKER'S DECISIONS, AND,
 FURTHER, THAT THEY WILL NOT MAKE DECISIONS FOR THE DECISION-MAKER;
   7.  STATE  THAT  THE  DECISION-MAKER  MAY CHANGE, AMEND, OR REVOKE THE
 SUPPORTED DECISION-MAKING AGREEMENT AT ANY TIME FOR ANY REASON,  SUBJECT
 TO THE REQUIREMENTS OF SECTION 82.06 OF THIS ARTICLE;
   8. BE SIGNED BY ALL DESIGNATED SUPPORTERS; AND
   9. BE EXECUTED OR ENDORSED BY THE DECISION-MAKER IN THE PRESENCE OF AT
 LEAST  TWO ADULT WITNESSES WHO ARE NOT ALSO DESIGNATED AS SUPPORTERS, OR
 WITH THE ATTESTATION OF A NOTARY PUBLIC.
   (C) A SUPPORTED DECISION-MAKING AGREEMENT MAY:
   1. APPOINT MORE THAN ONE SUPPORTER;
   2. AUTHORIZE A SUPPORTER TO OBTAIN PERSONAL INFORMATION  AS  DESCRIBED
 IN SUBDIVISION (E) OF SECTION 82.05 OF THIS ARTICLE;
   3. AUTHORIZE A SUPPORTER TO SHARE INFORMATION WITH ANY OTHER SUPPORTER
 OR OTHERS NAMED IN THE AGREEMENT; OR
   4.  DETAIL  ANY  OTHER  LIMITATIONS ON THE SCOPE OF A SUPPORTER'S ROLE
 THAT THE DECISION-MAKER DEEMS IMPORTANT.
   (D) IN ORDER TO BE SUBJECT TO THE  PROVISIONS  OF  SECTION  82.11  AND
 SUBDIVISIONS  (B)  THROUGH  (D)  OF  SECTION  82.12  OF  THIS ARTICLE, A
 SUPPORTED DECISION-MAKING AGREEMENT MUST ALSO:
   1. BE SIGNED BY A FACILITATOR OR EDUCATOR;
   2. INCLUDE A STATEMENT THAT THE  SUPPORTED  DECISION-MAKING  AGREEMENT
 WAS  MADE  IN ACCORDANCE WITH A RECOGNIZED FACILITATION AND/OR EDUCATION
 PROCESS; AND
   3. INCLUDE AN  ATTACHED  ATTESTATION  BY  THE  DECISION-MAKER  THAT  A
 PARTICULAR  DECISION  HAS  BEEN  MADE  IN  ACCORDANCE  WITH  THE SUPPORT
 DESCRIBED IN THE SUPPORTED DECISION-MAKING AGREEMENT.
 S. 7107--B                          8
 
 § 82.11 LEGAL EFFECT OF DECISIONS MADE  WITH  SUPPORT  AND  THIRD  PARTY
           OBLIGATIONS.
   (A)  THIS  SECTION  SHALL  APPLY  ONLY  TO  DECISIONS MADE PURSUANT TO
 SUPPORTED DECISION-MAKING AGREEMENTS CREATED  IN  ACCORDANCE  WITH  THIS
 ARTICLE  AND  FOLLOWING  A  RECOGNIZED SUPPORTED DECISION-MAKING FACILI-
 TATION OR EDUCATION PROCESS, AS PRESCRIBED BY REGULATIONS GOVERNING  THE
 FACILITATION  AND  EDUCATION  PROCESSES  PROMULGATED  BY  THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES.   ADDITIONALLY,  SUCH  DECISIONS
 SHALL BE SIGNED BY A FACILITATOR.
   (B)  A  DECISION  OR  REQUEST MADE OR COMMUNICATED BY A DECISION-MAKER
 WITH THE ASSISTANCE OF A SUPPORTER IN ACCORDANCE WITH THE PROVISIONS  OF
 A  SUPPORTED  DECISION-MAKING  AGREEMENT MUST, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, BE RECOGNIZED AS THE DECISION OR REQUEST OF THE  DECI-
 SION-MAKER AND MAY BE ENFORCED BY THE DECISION-MAKER IN LAW OR EQUITY ON
 THE SAME BASIS AS  ALL OTHERS.
   (C)  A  PERSON,  ENTITY,  OR  AGENCY REQUIRED TO RECOGNIZE AND HONOR A
 DECISION MADE PURSUANT TO A SUPPORTED DECISION-MAKING AGREEMENT  AUTHOR-
 IZED  BY  THIS  SECTION  MAY  REQUIRE  THE  DECISION-MAKER TO EXECUTE OR
 ENDORSE AN ATTESTATION, AS PROVIDED IN PARAGRAPH  THREE  OF  SUBDIVISION
 (D)  OF SECTION 82.10 OF THIS ARTICLE, AS A CONDITION OF RECOGNIZING AND
 HONORING THE DECISION.
   (D) A PERSON, ENTITY, OR AGENCY THAT RECEIVES  A  SUPPORTED  DECISION-
 MAKING  AGREEMENT  MUST  HONOR  A  DECISION  MADE IN ACCORDANCE WITH THE
 AGREEMENT, UNLESS THE PERSON, ENTITY, OR AGENCY HAS SUBSTANTIAL CAUSE TO
 BELIEVE THE SUPPORTED DECISION-MAKING AGREEMENT HAS BEEN REVOKED, OR THE
 DECISION-MAKER IS BEING ABUSED, COERCED, UNDULY  INFLUENCED,  OR  FINAN-
 CIALLY  EXPLOITED  BY THE SUPPORTER, OR THAT THE DECISION WILL CAUSE THE
 DECISION-MAKER SUBSTANTIAL AND IMMINENT PHYSICAL OR FINANCIAL HARM.
 § 82.12 LIMITATIONS ON LIABILITY.
   (A) SUBDIVISIONS (B), (C) AND (D) OF THIS SECTION SHALL APPLY ONLY  TO
 DECISIONS  MADE PURSUANT TO SUPPORTED DECISION-MAKING AGREEMENTS CREATED
 IN ACCORDANCE WITH THIS ARTICLE WHICH ARE SIGNED BY  A  FACILITATOR  AND
 FOLLOWING  A RECOGNIZED SUPPORTED DECISION-MAKING FACILITATION OR EDUCA-
 TION PROCESS, AS PRESCRIBED BY REGULATIONS  GOVERNING  THE  FACILITATION
 AND EDUCATION PROCESSES PROMULGATED BY THE OFFICE FOR PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES.
   (B)  A  PERSON SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY AND
 SHALL NOT BE DETERMINED TO HAVE ENGAGED IN PROFESSIONAL  MISCONDUCT  FOR
 AN  ACT  OR OMISSION IF THE ACT OR OMISSION IS DONE IN GOOD FAITH AND IN
 RELIANCE ON A DECISION MADE BY  A  DECISION-MAKER  PURSUANT  TO  A  DULY
 EXECUTED  SUPPORTED DECISION-MAKING AGREEMENT CREATED IN ACCORDANCE WITH
 THIS ARTICLE.
   (C) ANY HEALTH CARE PROVIDER THAT PROVIDES HEALTH CARE  BASED  ON  THE
 CONSENT  OF  A DECISION-MAKER, GIVEN WITH SUPPORT OR ASSISTANCE PROVIDED
 THROUGH A DULY EXECUTED SUPPORTED DECISION-MAKING AGREEMENT  CREATED  IN
 ACCORDANCE  WITH  THIS ARTICLE, SHALL BE IMMUNE FROM ANY ACTION ALLEGING
 THAT THE DECISION-MAKER LACKED CAPACITY  TO  PROVIDE  INFORMED  CONSENT,
 UNLESS  THE  ENTITY,  CUSTODIAN, OR ORGANIZATION HAD ACTUAL KNOWLEDGE OR
 NOTICE THAT THE DECISION-MAKER HAD REVOKED THE SUPPORTED DECISION-MAKING
 AGREEMENT, OR THAT THE SUPPORTER HAD COMMITTED ABUSE, PHYSICAL COERCION,
 UNDUE INFLUENCE, OR FINANCIAL EXPLOITATION WITH RESPECT TO THE  DECISION
 TO GRANT CONSENT.
   (D)  ANY  PUBLIC  OR  PRIVATE  ENTITY, CUSTODIAN, OR ORGANIZATION THAT
 DISCLOSES PERSONAL INFORMATION ABOUT A DECISION-MAKER IN RELIANCE ON THE
 TERMS OF A DULY EXECUTED SUPPORTED DECISION-MAKING AGREEMENT CREATED  IN
 ACCORDANCE  WITH THIS ARTICLE, TO A SUPPORTER AUTHORIZED BY THE TERMS OF
 S. 7107--B                          9
 
 THE SUPPORTED DECISION-MAKING AGREEMENT TO ASSIST THE DECISION-MAKER  IN
 ACCESSING,  COLLECTING,  OR OBTAINING THAT INFORMATION UNDER SUBDIVISION
 (E) OF SECTION 82.05 OF THIS ARTICLE, SHALL BE IMMUNE  FROM  ANY  ACTION
 ALLEGING  THAT IT IMPROPERLY OR UNLAWFULLY DISCLOSED SUCH INFORMATION TO
 THE SUPPORTER UNLESS THE ENTITY, CUSTODIAN, OR ORGANIZATION  HAD  ACTUAL
 KNOWLEDGE THAT THE DECISION-MAKER HAD REVOKED SUCH AUTHORIZATION.
   (E) THIS SECTION MAY NOT BE CONSTRUED TO PROVIDE IMMUNITY FROM ACTIONS
 ALLEGING THAT A HEALTH CARE PROVIDER, OR OTHER THIRD PARTY, HAS DONE ANY
 OF THE FOLLOWING:
   1.  CAUSED  PERSONAL  INJURY  AS A RESULT OF A NEGLIGENT, RECKLESS, OR
 INTENTIONAL ACT;
   2. ACTED INCONSISTENTLY WITH THE EXPRESSED WISHES OF A DECISION-MAKER;
   3. FAILED TO PROVIDE INFORMATION TO  EITHER  DECISION-MAKER  OR  THEIR
 SUPPORTER THAT WOULD BE NECESSARY FOR INFORMED CONSENT; OR
   4. OTHERWISE ACTED INCONSISTENTLY WITH APPLICABLE LAW.
   (F)  THE  EXISTENCE  OR  AVAILABILITY  OF  A SUPPORTED DECISION-MAKING
 AGREEMENT DOES NOT RELIEVE A HEALTH CARE PROVIDER, OR OTHER THIRD PARTY,
 OF ANY LEGAL OBLIGATION TO PROVIDE SERVICES TO INDIVIDUALS WITH DISABIL-
 ITIES, INCLUDING THE OBLIGATION TO PROVIDE REASONABLE ACCOMMODATIONS  OR
 AUXILIARY  AIDS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, INTERPRETA-
 TION SERVICES AND COMMUNICATION SUPPORTS TO INDIVIDUALS  WITH  DISABILI-
 TIES  UNDER  THE  FEDERAL  AMERICANS  WITH DISABILITIES ACT (42 U.S.C. §
 12101).
 § 82.13 SUPPORTER NOTICE.
   (A) IF ANY STATE OR MUNICIPAL LAW REQUIRES THAT AN AGENCY, ENTITY,  OR
 PERSON  PROVIDE A PRESCRIBED NOTICE TO A DECISION-MAKER, AND THE AGENCY,
 ENTITY, OR PERSON  REQUIRED  TO  PROVIDE  SUCH  NOTICE  HAS  RECEIVED  A
 SUPPORTED DECISION-MAKING AGREEMENT FROM A DECISION-MAKER THAT SPECIFIES
 THAT  A SUPPORTER IS ALSO TO RECEIVE A COPY OF ANY SUCH NOTICE, THEN THE
 AGENCY, ENTITY, OR PERSON IN POSSESSION OF THE SUPPORTED DECISION-MAKING
 AGREEMENT SHALL ALSO PROVIDE THE SPECIFIED SUPPORTER WITH A COPY OF SUCH
 NOTICE.
   (B) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, IF ANY STATE OR
 MUNICIPAL LAW REQUIRES THAT AN  AGENCY,  ENTITY,  OR  PERSON  PROVIDE  A
 PRESCRIBED NOTICE TO A DECISION-MAKER AND SUCH NOTICE INCLUDES PROTECTED
 INFORMATION, INCLUDING PRIVATE HEALTH INFORMATION OR EDUCATIONAL RECORDS
 PROTECTED  BY STATE OR FEDERAL LAW, SUCH NOTICE SHALL NOT BE PROVIDED TO
 THE SPECIFIED SUPPORTER UNLESS THE SUPPORTED  DECISION-MAKING  AGREEMENT
 IS  ACCOMPANIED  BY  A  RELEASE  AUTHORIZING  THE SPECIFIED SUPPORTER TO
 OBTAIN THE PROTECTED INFORMATION.
 § 82.14 REPORTING ABUSE, COERCION, UNDUE INFLUENCE, OR FINANCIAL EXPLOI-
           TATION.
   (A) ANY PERSON WHO RECEIVES A COPY OF OR AN ORIGINAL  SUPPORTED  DECI-
 SION-MAKING  AGREEMENT  AND  HAS  CAUSE TO BELIEVE THE DECISION-MAKER IS
 BEING ABUSED, PHYSICALLY COERCED, OR FINANCIALLY EXPLOITED BY A SUPPORT-
 ER, MAY REPORT  THE  ALLEGED  ABUSE,  PHYSICAL  COERCION,  OR  FINANCIAL
 EXPLOITATION  TO  ADULT  PROTECTIVE  SERVICES  PURSUANT  TO SECTION FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (B) NOTHING IN THIS SECTION MAY BE CONSTRUED AS ELIMINATING OR  LIMIT-
 ING  A PERSON'S DUTY OR REQUIREMENT TO REPORT UNDER ANY OTHER STATUTE OR
 REGULATION.
 § 82.15 RULES AND REGULATIONS.
   (A) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES SHALL PROMULGATE WITHIN ONE YEAR OF THE PASSAGE OF THIS ACT THE
 RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS ARTICLE FOR ADULTS WHO
 RECEIVE OR ARE ELIGIBLE TO RECEIVE SERVICES THAT  ARE  OPERATED,  CERTI-
 S. 7107--B                         10

 FIED,  FUNDED  OR  APPROVED  BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.
   (B)  ADDITIONAL REGULATIONS RELATED TO THIS ARTICLE MAY BE PROMULGATED
 BY STATE AGENCIES WHOSE SERVICE POPULATIONS MAY BENEFIT FROM THE  IMPLE-
 MENTATION OF SUPPORTED DECISION-MAKING.
   §  2.  This  act  shall take effect ninety days from the date that the
 regulations issued in accordance with section one of this act appear  in
 the  New  York State Register, or the date such regulations are adopted,
 whichever is later; and   provided   that the   commissioner  of  mental
 hygiene  shall  notify the legislative bill drafting commission upon the
 occurrence  of  the  appearance of the regulations in the New York State
 Register or the date such regulations are adopted, whichever  is  later,
 in  order that the commission may maintain an accurate and timely effec-
 tive data base of the official text of  laws  of  the   state   of   New
 York in furtherance of effectuating the  provisions of section 44 of the
 legislative law and section 70-b of the public officers law.

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The New York State Senate

senate Bill S7107B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

May 16, 2022 - floor Vote

Floor Vote: May 16, 2022

Mar 24, 2022 - floor Vote

Floor Vote: Mar 24, 2022

Feb 15, 2022 - Disabilities committee Vote

Committee Vote: Feb 15, 2022

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

Jun 3, 2021 - Rules committee Vote

Committee Vote: Jun 3, 2021

Bill Amendments

S7107 - Details

S7107 - Summary

S7107 - Sponsor Memo

S7107 - Bill Text download pdf

Co-Sponsors

S7107A - Details

S7107A - Summary

S7107A - Sponsor Memo

S7107A - Bill Text download pdf

Co-Sponsors

S7107B (ACTIVE) - Details

S7107B (ACTIVE) - Summary

S7107B (ACTIVE) - Sponsor Memo

S7107B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7107B

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Sponsored By

John W. Mannion

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 16, 2022 - floor Vote

Floor Vote: May 16, 2022

Mar 24, 2022 - floor Vote

Floor Vote: Mar 24, 2022

Feb 15, 2022 - Disabilities committee Vote

Committee Vote: Feb 15, 2022

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

Jun 3, 2021 - Rules committee Vote

Committee Vote: Jun 3, 2021

Bill Amendments

S7107 - Details

S7107 - Summary

S7107 - Sponsor Memo

S7107 - Bill Text download pdf

Co-Sponsors

James Gaughran

S7107A - Details

S7107A - Summary

S7107A - Sponsor Memo

S7107A - Bill Text download pdf

Co-Sponsors

James Gaughran

S7107B (ACTIVE) - Details

S7107B (ACTIVE) - Summary

S7107B (ACTIVE) - Sponsor Memo

S7107B (ACTIVE) - Bill Text download pdf

Comments